Jeremiah w. Uay) Nixon, Governor • Sara Parker Pauley, Direcro r STATE O F MISSOURI \ 

DEPARTMENT OF NATURAL RESOURCES 


\'.'WW. dnr. mo.gov 

OCT 2 2013 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

1120 I Renner Boulevard 

Lenexa, KS 66219 

Dear Mr. Brooks: 

The Missouri Air Conservation Commission has recently revised or promulgated the following 

regulation(s) for the Missouri State Implementation Plan (SIP). The following is enclosed for your 

review: 

10 CSR 10-6.060 Construction Permits Required 

This amendment will incorporate by reference the U.S. Environmental Protection Agency's 

(EPA's) revisions to plantwide applicability limitations (PALs) for Greenhouse Gas (GHG) 

emissions finalized with Step 3 of the GHG Tailoring Rule. These revisions give facilities 

subject to GHG pennitting the option of establishing PALs on a carbon dioxide equivalent basis 

and documents that EPA is retaining the current GHG pennitting thresholds, ensuring that GHG 

pennitting requirements continue to apply to large sources only. The rulemaking will also 

remove the EPA's grandfather provision that allowed certain sources to use coarse particulate 

matter as a surrogate for fine particulate matter during the transition to PM2.5 pennitting. This 

administrative change which will update the incorporation by reference date for the GHG PAL 

option will not affect any Missouri sources. Other revisions include correcting the definition of 

"regulated NSR pollutant", modifying the notification period for initial equipment start-up to 

improve tracking of new/modified equipment and testing, and clarifying de minimis pennit air 

quality analysis requirements. 

The commission adopted the enclosed rule action(s) on June 27, 2013, after considering comments 

received at public hearing and throughout the open public comment period. The commission has full 

legal authority to develop rules pursuant to Section 643.050 of the Missouri Air Conservation Law. 

The state followed all applicable administrative procedures in proposing and adopting the rule 

action(s). Enclosed are the required SIP submittal elements for determination of plan completeness 

per 40 CFR Part 51, Appendix V. 

The Missouri Department ofNatural Resources requests that the U.S. Environmental Protection 

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

Compliant with the April 6, 20 II 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. 
Mr. Karl Brooks 

Page Two 

Thank you for your attention to this matter. ]fyou have any questions regarding this submittal, 

please contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 176, 

Jefferson City, MO 65102 or by phone at (573) 751-7840. 

Sincerely, 

AW~V; ~:ROL PROGRAM 

Kyra L. Moore 

Director 

KLM:abc 

Enclosures: 

Copy of rule published in CSR 

Copy of commission signature page certifying Missouri Air Conservation Commission adoption 

Copy of technical support documentation for rule (if applicable) 

Copies of public hearing notices 

Copy of public hearing transcript introductory statement 

Copy ofMO Reg proposed rulemaking 

Copy of MO Reg order of rulemaking with comments/responses 

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

c: Missouri Air Conservation Commission 
RSMo, to enforce the provisions of the Air

Conservation Law and the corresponding

rule. 

(E) Compliance with this rule does not

automatically absolve the owner or operator

of such facility of liability for the excess

emissions reported.

(4) Reporting and Record Keeping. 

(A) The information specified in paragraph

(3)(C)2. of this rule shall be submitted to the

director not later than fifteen (15) days after

receipt of the notice of excess emissions.

Information regarding the type and amount of

emissions and time of the episode shall be

recorded and kept on file. This data shall be

included in emissions reported on any

required Emissions Inventory Questionnaire.

(B) The information submitted according

to subsections (3)(A) and (3)(B) of this rule

and paragraph (3)(C)2. of this rule shall be

kept on file at the installation for a period of

five (5) years. This data shall be included in

emissions reported on any required Emissions Inventory Questionnaire. The information shall be available to the director upon

request.

(5) Test Methods (Not Applicable)

AUTHORITY: section 643.050, RSMo

2000.* Original rule filed March 15, 1979,

effective Nov. 11, 1979. Amended: Filed April

2, 1987, effective Aug. 27, 1987. Amended:

Filed June 15, 2001, effective Feb. 28, 2002.

Amended: Filed Nov. 13, 2009, effective July

30, 2010.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995.

10 CSR 10-6.060 Construction Permits

Required 

PURPOSE: This rule defines sources which

are required to obtain permits to construct. It

establishes requirements to be met prior to

construction or modification of any of these

sources. This rule also establishes permit fees

and public notice requirements for certain

sources and incorporates a means for unifying the processing of construction and operating permit issuance. 

PUBLISHER’S NOTE: The secretary of state

has determined that the publication of the

entire text of the material which is incorporated by reference as a portion of this rule

would be unduly cumbersome or expensive.

This material as incorporated by reference in

this rule shall be maintained by the agency at

its headquarters and shall be made available

to the public for inspection and copying at no

more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed

here.

(1) Applicability.

(A) Definitions. Definitions of certain

terms used in this rule may be found in paragraph (b) of 40 CFR 52.21 which is incorporated by reference in subsection (8)(A) of this

rule, except that—

1. Any provisions of 40 CFR 52.21(b)

that are stayed shall not apply;

2. Solely for the purposes of paragraph

(1)(A)2. and section (7) of this rule, the following definitions shall be used in place of

the definitions of the same terms specified

elsewhere in this subsection:

A. Major stationary source is defined

in 40 CFR 51.165(a)(1)(iv), promulgated as

of July 1, 2011, and hereby incorporated by

reference in this rule, as published by the

Office of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408. This

rule does not incorporate any subsequent

amendments or additions. The term major, as

used in this definition, shall be major for the

nonattainment pollutant;

B. Major modification is defined in

40 CFR 51.165(a)(1)(v), promulgated as of

July 1, 2011, and hereby incorporated by reference in this rule, as published by the Office

of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408, except

that any incorporated provisions that are

stayed shall not apply. This rule does not

incorporate any subsequent amendments or

additions. The term major, as used in this

definition, shall be major for the nonattainment pollutant;

C. Net emissions increase is defined

in 40 CFR 51.165(a)(1)(vi), promulgated as

of July 1, 2011, and hereby incorporated by

reference in this rule, as published by the

Office of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408, except

that the term paragraph (a)(1)(xii)(B) shall be

40 CFR 52.21(b)(21)(ii). This rule does not

incorporate any subsequent amendments or

additions; and

D. Significant is defined in 40 CFR

51.165(a)(1)(x), promulgated as of July 1,

2011, and hereby incorporated by reference

in this rule, as published by the Office of the

Federal Register, U.S. National Archives and

Records, 700 Pennsylvania Avenue NW,

Washington, DC 20408. This rule does not

incorporate any subsequent amendments or

additions;

3. Solely for the purposes of section (9)

of this rule, the following definitions shall be

used in addition to definitions specified elsewhere in this subsection:

A. Construct a major source—

(I) Fabricate, erect, or install, at

any greenfield site, a stationary source or

group of stationary sources which is located

within a contiguous area and under common

control and which emits or has the potential

to emit ten (10) tons per year of any hazardous air pollutant (HAP) or twenty-five

(25) tons per year of any combination of

HAPs; or

(II) Fabricate, erect, or install, at

any developed site, a new process or production unit which in and of itself emits or has

the potential to emit ten (10) tons per year of

any HAP or twenty-five (25) tons per year of

any combination of HAPs;

B. Greenfield site—A contiguous area

under common control that is an undeveloped

site;

C. Process or production—Any collection of structures and/or equipment, that

processes, assembles, applies, or otherwise

uses material inputs to produce or store an

intermediate or final product. A single facility may contain more than one (1) process or

production unit;

D. Reconstruct a major source—

Replace components at an existing process or

production unit where the replacement of

components in and of itself emits or has the

potential to emit ten (10) tons per year of any

HAP or twenty-five (25) tons per year of any

combination of HAPs, whenever—

(I) The fixed capital cost of the new

components exceeds fifty percent (50%) of

the fixed capital cost that would be required

to construct a comparable process or production unit; and

(II) It is technically and economically feasible for the reconstructed major

source to meet the applicable maximum

achievable control technology emission limitation for new sources established under this

section;

E. Research and development activities—Activities conducted at a research or

laboratory facility whose primary purpose is

to conduct research and development into

new processes and products, where such

source is operated under the close supervision of technically-trained personnel and is

not engaged in the manufacture of products

for sale or exchange for commercial profit,

except in a de minimis manner;

F. Similar source—A stationary

source or process that has comparable emissions and is structurally similar in design and

48 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
capacity to a constructed or reconstructed

major source such that the source could be

controlled using the same control technology;

and

G. Definitions for certain terms, other

than those defined in subparagraphs

(1)(A)3.A. through F. of this rule, may be

found in 40 CFR 63.41, promulgated as of

July 1, 2011, and hereby incorporated by reference in this rule, as published by the Office

of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408. This

rule does not incorporate any subsequent

amendments or additions;

4. Nonattainment pollutant—Each and

every pollutant for which the location of the

source is in an area designated to be in nonattainment of a National Ambient Air Quality

Standard (NAAQS) under section

107(d)(1)(A)(i) of the Act. Any constituent or

precursor of a nonattainment pollutant shall

be a nonattainment pollutant, provided that

the constituent or precursor pollutant may

only be regulated under this rule as part of

regulation of the corresponding NAAQS pollutant. Both volatile organic compounds

(VOC) and nitrogen oxides (NOx) shall be

nonattainment pollutants for a source located

in an area designated nonattainment for

ozone;

5. The provisions of subsection (8)(B) of

this rule regarding the term administrator

shall apply; and

6. Definitions for certain terms used in

this rule, other than those defined elsewhere

in this subsection, may be found in 10 CSR

10-6.020.

(B) Covered Installations/Changes. This

rule shall apply to installations throughout

Missouri with the potential to emit any pollutant in an amount equal to or greater than the

de minimis levels. This rule also shall apply

to changes at installations which emit less

than the de minimis levels where the construction or modification itself would be subject to section (6), (7), (8), or (9) of this rule.

This rule shall apply to all incinerators,

unless permitted under rule 10 CSR 10-

6.062.

(C) Construction/Operation Prohibited.

No owner or operator shall commence construction or modification of any installation

subject to this rule, begin operation after that

construction or modification, or begin operation of any installation which has been shut

down longer than five (5) years without first

obtaining a permit from the permitting

authority under this rule. For sources not

subject to review under sections (7), (8), or

(9) of this rule, construction may be commenced if authorized by the director. A

request for authorization must include: a

signed waiver of any state liability; a complete list of the activities to be undertaken;

and, the applicant’s full acceptance and

knowledge of all liability associated with the

possibility of denial of the permit application.

A request will not be granted unless an application for permit approval under this rule has

been filed. The waiver is not available to

sources seeking federally enforceable permit

restrictions to avoid review under sections

(7)–(9) of this rule.

(D) Exempt Emissions Units. This rule

does not apply to the construction or modification of installations that are exempted or

excluded by 10 CSR 10-6.061 or are permitted under rule 10 CSR 10-6.062.

(2) Unified Review. When the construction or

modification and operation of any installation

requires a construction permit under this

rule, and an operating permit or its amendment, under 10 CSR 10-6.065, the installation shall receive a unified construction and

operating permit, or its amendment, and a

unified review, hearing and approval process,

unless the applicant requests in writing that

the application for a construction and operating permit, or its amendment, be reviewed

separately. Under this unified review process,

the applicant shall submit all the applications,

forms, and other information required by the

permitting authority. 

(A) Review of Applications. The permitting authority shall complete any unified

review within one hundred eighty-four (184)

days, as provided under the procedures of this

rule and 10 CSR 10-6.065 Operating Permits

Required. 

(B) Issuance of Permits. As soon as the

unified review process is completed, if the

applicant complies with all applicable

requirements under this rule and 10 CSR 10-

6.065, the construction permit and the operating permit, or its amendment, shall be

issued to the applicant and the applicant may

commence construction. The operating permit shall be retained by the permitting authority until validated pursuant to this section. 

(C) Validation of Operating Permits. Within one hundred and eighty (180) days after

commencing operation, the holder of an

operating permit, or its amendment, issued

by the unified review process shall submit to

the permitting authority all information

required by the permitting authority to

demonstrate compliance with the terms and

conditions of the issued operating permit, or

its amendment. The permittee shall also provide information identifying any applicable

requirements which became applicable subsequent to issuance of the operating permit.

Within thirty (30) days after the applicant’s

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

amendment. If the permittee demonstrates

compliance with both the construction and

operating permits, or its amendment, the permitting authority shall validate the operating

permit, or its amendment, and forward it to

the permittee. No part 70 permit will be validated unless—

1. At the time of validation, the permitting authority certifies that the issued permit

contains all applicable requirements; or

2. The procedures for permit renewal in

10 CSR 10-6.065(6)(E)3. have occurred prior

to validation to insure the inclusion of any

new applicable requirements to which the

part 70 permit is subject.

(3) Temporary Installations and Pilot Plants

Permits. The permitting authority may

exempt temporary installations and pilot

plants having a potential to emit under one

hundred (100) tons per year of each pollutant

from any of the requirements of this rule,

provided that these exemptions are requested

in writing prior to the start of construction.

These exemptions shall be granted only when

the attainment or maintenance of ambient air

quality standards is not threatened, when

there will be no significant impact on any

Class I area, and when the imposition of

requirements of this rule would be unreasonable. 

(4) Portable Equipment Permits. Portable

equipment must meet the following criteria:

(A) The potential to emit is less than one

hundred (100) tons per year of any air pollutant; 

(B) The equipment was permitted previously under either section (5), (6), (7), or (8)

of this rule and the previous permit is still

valid;

(C) The equipment is operated and maintained in a manner identical to that specified

in the currently valid permit; and

(D) The following conditions must be met

when permitted portable equipment is to be

operated at a different location: 

1. When the owner or operator wishes to

operate the portable equipment at a new location not previously permitted or at a location

where other sources (either permanent or

portable) are operating, the owner or operator

shall submit to the permitting authority a

Portable Source Relocation Request, property

boundary plot plan and the equipment layout

for the site. A relocation request is subject to

the fees and the time frames specified in this

rule, except for the permit filing fee. The

JASON KANDER (9/30/13) CODE OF STATE REGULATIONS 49

Secretary of State

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and

Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6
relocation request will be approved if it is

determined that there will be no significant

impact on any Class I area or an area where

air quality increments have been consumed.

The permitting authority shall make the final

determination and, if appropriate, approve

the relocation request no later than twentyone (21) calendar days after receipt of the

complete Portable Source Relocation

Request;

2. When the owner or operator wishes

to relocate the portable equipment to a site

that is listed on the permit or on the amended permit (provided other sources are not

approved to operate at the same location), the

owner or operator shall report the move to the

permitting authority on a Portable Source

Relocation Request for authorization to operate in the new locale as soon as possible, but

not later than seven (7) calendar days prior to

ground breaking or initial equipment erection. No fees are associated with this authorization. Authorization will be presumed if

notification of denial is not received by the

specified ground breaking or equipment erection date; and 

3. The equipment shall be operated at

each new location no more than twenty-four

(24) consecutive months without an intervening relocation. 

(5) De Minimis Permits. 

(A) Any construction or modification at an

installation subject to this rule which results

in a net emissions increase below the de minimis levels shall be exempt from further

requirements of this rule if the owner or operator of the source applies for, and the permitting authority issues, a de minimis permit for

that installation. 

(B) This de minimis permit shall be issued

and in effect only if all of the following conditions are met: 

1. The permitting authority is notified in

writing of the proposed construction prior to

the commencement of construction; 

2. Information is submitted to the permitting authority which is sufficient for the

permitting authority to verify the annual

emission rate, to verify that no applicable

emission control rules will be violated, and to

verify that the net emission increase of the

installation is below the de minimis levels; 

3. Net emissions do not increase above

the de minimis levels at an installation having

a de minimis permit under this section. If net

emissions at the installation do increase above

the de minimis levels, the installation shall be

in violation of this rule until it obtains a permit under the other applicable requirements

of this rule; and 

4. All permit fees are paid. 

(C) In order to eliminate the necessity for

a large number of de minimis permit applications from a single installation, a special case

de minimis permit may be developed for

those batch-type production processes which

frequently change products and component

source operations. Operating in violation of

the conditions of a special case de minimis

permit shall be a violation of this rule.

(D) Air Quality Analysis Requirements.

1. An air quality analysis will not be

required for applications having a maximum

design capacity emission rate of no more than

the hourly de minimis level unless paragraph

(5)(D)2. of this rule applies. For applications

having a maximum design capacity emission

rate greater than the hourly de minimis level,

a permit will be issued only if an air quality

analysis demonstrates that the proposed construction or modification will not—

A. Interfere with the attainment or

maintenance of NAAQS and the air quality

standards established in 10 CSR 10-6.010; or

B. Cause or contribute to ambient air

concentrations in excess of any applicable

maximum allowable increase listed in subsection (11)(A) Table 1, of this rule, over the

baseline concentration in any attainment or

unclassified area.

2. Exceptions. The director may require

an air quality analysis for applications if it is

likely that emissions of the proposed construction or modification will—

A. Interfere with the attainment or

maintenance of NAAQS and the air quality

standards established in 10 CSR 10-6.010;

B. Cause or contribute to ambient air

concentrations in excess of any applicable

maximum allowable increase listed in subsection (11)(A) Table 1, of this rule, over the

baseline concentration in any attainment or

unclassified area; or

C. Result in complaints filed in the

vicinity of the proposed construction or modification warrant an air quality analysis.

(6) General Permit Requirements for Construction or Emissions Increase Greater Than

De Minimis Levels.

(A) A permit shall be issued pursuant to

this section only if it is determined that the

proposed source operation or installation will

not do one (1) or more of the following:

1. Violate any of the applicable provisions of this rule; 

2. Interfere with the attainment or maintenance of NAAQS and the air quality standards established in 10 CSR 10-6.010; 

3. Cause or contribute to ambient air

concentrations in excess of any applicable

maximum allowable increase listed in subsection (11)(A) Table 1, of this rule, over the

baseline concentration in any attainment or

unclassified area; 

4. Violate any applicable requirements

of the Air Conservation Law; and 

5. Cause an adverse impact on visibility

in any Class I area (those designated in paragraph (12)(I)3. of this rule).

(B) In order for the permitting authority to

make this determination, each applicant

shall— 

1. Complete and submit application

forms supplied by the permitting authority.

These forms shall consist of an Application

for Authority to Construct and an Emissions

Information for Construction Permit Application. Both forms shall be completed so that

all information necessary for processing the

permit is supplied; 

2. Send to the permitting authority as

part of the application: site information;

plans; descriptions; specifications; and drawings showing the design of the installation,

the nature and amount of emissions of each

pollutant, and the manner in which it will be

operated and controlled; 

3. Supply ambient air quality modeling

data for the pollutant to determine the air

quality impact of the installation on the applications with the potential to emit fifty (50)

tons per year or more of particulate matter or

sulfur dioxide. The modeling techniques to

be used are as specified in the most recent

version of the Environmental Protection

Agency’s (EPA) Guideline on Air Quality

Models (EPA 450/2-78-027R), including

supplements at the time of application, or

another model which the permitting authority

deems accurate. Temporary installations and

portable equipment shall be exempt from this

requirement provided that the source shall

apply best available control technology

(BACT) for each pollutant emitted in a significant amount; 

4. Furnish any additional information,

plans, specifications, evidence, documentation, modeling, or monitoring data that the

permitting authority may require to complete

review under this rule; and 

5. Submit fees for the filing and processing of their permit application. The

amount of the fee will be determined from

section (10) of this rule. 

(C) The review of each permit application

will follow the procedures of subsection

(12)(A), Appendix A of this rule and, when

applicable, subsection (12)(B), Appendix B

of this rule. 

(D) Special Considerations for Stack

Heights and Dispersion Techniques. 

1. The degree of emission limitation

required for control of any air pollutant under

this rule shall not be affected in any manner

by—

A. That amount of the stack height of

any installation which exceeds good engineering practice (GEP) stack height; or 

50 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
B. Any other dispersion technique. 

2. Paragraph (6)(D)1. of this rule shall

not apply to stack heights on which construction commenced on or before December 31,

1970, or to dispersion techniques implemented on or before December 31, 1970. 

3. Before the permitting authority issues

a permit under this rule based on stack

heights that exceed GEP, the permitting

authority must notify the public of the availability of the demonstration study and must

provide opportunity for a public hearing on

it. 

4. This paragraph does not require that

actual stack height or the use of any dispersion technique be restricted in any manner. 

(E) After a permit has been granted—

1. The owner or operator subject to the

provisions of this rule shall furnish the permitting authority written notification as follows: 

A. A notification of the anticipated

date of initial start-up of the source operation

or installation within thirty (30) days of the

actual date of initial start-up; and

B. A notification of the actual date of

initial start-up of a source operation or installation within fifteen (15) days after that date; 

2. A permit may be revoked if construction or modification work is not begun within two (2) years from the date of issuance or

if work is suspended for one (1) year, and if— 

A. The delay was reasonably foreseeable by the owner or operator at the time the

permit was issued; 

B. The delay was not due to an act of

God or other conditions beyond the control of

the owner or operator; or 

C. Failure to revoke the permit would

be unfair to other potential applicants; 

3. Any owner or operator who constructs, modifies, or operates an installation

not in accordance with the application submitted and the permit issued, including any

terms and conditions made a part of the permit, or any owner or operator of an installation who commences construction or modification after May 13, 1982, without meeting

the requirements of this rule, is in violation of

this rule; 

4. Approval to construct shall not relieve

any owner or operator of the responsibility to

comply fully with applicable provisions of the

Air Conservation Law and rules or any other

requirements under local, state, or federal

law; and 

5. The permitting authority may require

monitoring of visibility in any Class I area

(those designated in paragraph (12)(I)3. of

this rule) near the new installation or major

modification for these purposes and by such

means as the permitting authority deems necessary and appropriate. 

(7) Nonattainment Area Permits. This section

applies to the construction of any new major

stationary source or any project at an existing

major stationary source in an area designated

as nonattainment.

(A) Applicability Procedures. The provisions of this subsection are used to determine, prior to beginning actual construction,

if a project at an existing major stationary

source is a major modification and thus subject to the permit application and review

requirements of subsection (7)(B) of this rule. 

1. Except for sources with a Plantwide

Applicability Limit (PAL), which shall comply with subsection (7)(C) of this rule, and in

accordance with the definition of the term

major modification contained in subsection

(1)(A) of this rule, a project is a major modification if it causes two (2) types of emissions increases for the nonattainment pollutant—a significant emissions increase and a

significant net emissions increase. The project is not a major modification if it does not

cause a significant emissions increase. If the

project causes a significant emissions

increase, then the project is a major modification only if it also results in a significant

net emissions increase.

2. The emissions increase from the project is determined by taking the sum of the

emissions increases from each emissions unit

affected by the project. An emissions unit is

considered to be affected by the project if an

emissions increase from the unit would occur

as a result of the project, regardless of

whether a physical change or change in the

method of operation will occur at the particular emissions unit.

3. For each existing emissions unit

affected by the project, the emissions

increase is determined by taking the difference between the projected actual emissions

for the completed project and the baseline

actual emissions. In accordance with the definition of the term projected actual emissions

found in 40 CFR 52.21 as referred to in subsection (1)(A) of this rule, the owner or operator of the major stationary source may elect

to use the existing emission unit’s potential to

emit in lieu of the projected actual emissions

for this calculation. 

4. For each new emissions unit affected

by the project, the emissions increase is equal

to the potential to emit.

5. The procedure for calculating the net

emissions increase (the significance of which

is the second criterion for determining if a

project is a major modification) is contained

in the definition of the term net emissions

increase found in subsection (1)(A) of this

rule.

6. The provisions of subsection (7)(B) of

this rule do not apply to a source or modification that would be a major stationary

source or major modification only if fugitive

emissions to the extent quantifiable are considered in calculating the potential to emit of

the stationary source or modification and the

source does not belong to one (1) of the

source categories listed in items

(i)(1)(vii)(a)–(aa) of 40 CFR 52.21 which is

incorporated by reference in subsection

(8)(A) of this rule.

(B) Permit Requirements. A permit shall

not be issued, for the construction of a new

major stationary source for the nonattainment

pollutants, or for a major modification for the

nonattainment pollutant of an existing major

stationary source, unless the following

requirements, in addition to section (6) of this

rule, are met:

1. By the time the source is to commence operation, sufficient emissions offsets

shall be obtained as required to ensure reasonable further progress toward attainment of

the applicable national ambient air quality

standard and consistent with the requirements

of Section 173(a)(1)(A) of the Clean Air Act

and paragraphs 40 CFR 51.165(a)(3) and (9);

2. In the case of a new or modified

installation which is located in a zone (within the nonattainment area) identified by the

administrator, in consultation with the Secretary of Housing and Urban Development, as

a zone to which economic development

should be targeted, emissions of that pollutant resulting from the proposed new or modified installation will not cause or contribute

to emissions levels which exceed the

allowance permitted for that pollutant for that

zone from new or modified installations;

3. Offsets have been obtained in accordance with paragraph (7)(B)1. and with the

offset and banking procedures in 10 CSR 10-

6.410;

4. The administrator has not determined

that the state implementation plan is not

being adequately implemented for the nonattainment area in which the proposed source is

to be constructed or modified;

5. Temporary installation and portable

sources shall be exempt from this section provided that the source applies BACT for each

pollutant emitted in a significant amount;

6. The applicant must provide documentation establishing that all installations in

Missouri, which are owned or operated by

the applicant, (or by any entity controlling,

controlled by, or under common control with

the applicant) are subject to emission limitations and are in compliance, or are on a

schedule for compliance, with all applicable

requirements;

7. Permit applications shall include a

control technology evaluation to demonstrate

that any new major stationary source or

major modification will meet the lowest

achievable emission rate (LAER) for all new

JASON KANDER (9/30/13) CODE OF STATE REGULATIONS 51

Secretary of State

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and

Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6
or modified emission units, unless otherwise

provided in this section;

8. Any new major stationary source or

major modification to be constructed in an

area designated nonattainment shall comply

with LAER as determined by the director and

set forth in the construction permit pursuant

to this section, except where otherwise provided in this section;

9. The applicant must provide an alternate site analysis; and

10. The applicant shall provide an analysis of impairment to visibility in any Class I

area (those designated in subsection (12)(I) of

this rule) that would occur as a result of the

installation or major modification and as a

result of the general, commercial, residential,

industrial, and other growth associated with

the installation or major modification.

(C) Plantwide Applicability Limits (PALs).

The provisions of subsection (aa) of 40 CFR

52.21, which is incorporated by reference in

subsection (8)(A) of this rule, shall govern

PALs of the nonattainment pollutant for projects at existing major stationary sources in

an area designated nonattainment, except

that— 

1. The term Administrator shall be the

director of the Missouri Department of Natural Resources’ Air Pollution Control Program;

2. The term BACT or LAER and the

term BACT shall both be LAER for the

nonattainment pollutant;

3. The term PSD program, as it appears

in 40 CFR 52.21(aa)(1)(ii)(b), and the term

major NSR program, as it appears in

52.21(aa)(1)(ii)(c), both shall be Nonattainment Area Permit program of this section;

and

4. The director shall not allow a PAL for

VOC or NOx for any existing major stationary source located in an extreme ozone nonattainment area.

(D) Reporting and Record Keeping. This

subsection applies to projects at existing

major stationary sources, without a PAL,

which are exempt from the permit requirements of subsection (7)(B) of this rule as a

result of the applicability determination made

in subsection (7)(A) of this rule. The owner

or operator of such sources shall comply, in

regards to the nonattainment pollutant, with

the provisions of paragraph (r)(6) of 40 CFR

52.21, which is incorporated by reference in

subsection (8)(A) of this rule, except that the

term Administrator shall be the director of

the Missouri Department of Natural

Resources’ Air Pollution Control Program.

(E) Any construction or modification that

will impact a federal Class I area shall be

subject to the provisions of subsection

(12)(H) of this rule.

(F) All permit applications subject to subsection (7)(B) of this rule are subject to the

public participation requirements in subsection (12)(B) of this rule.

(G) The director of the Missouri Department of Natural Resources’ Air Pollution

Control Program shall transmit to the administrator of the U.S. Environmental Protection

Agency a copy of each permit application

filed under section (7) of this rule and shall

notify the administrator of each significant

action taken on the application.

(8) Attainment and Unclassified Area Permits.

(A) All of the subsections of 40 CFR 52.21,

other than (a) Plan disapproval, (q) Public participation, (s) Environmental impact statements, and (u) Delegation of authority, promulgated as of July 1, 2012, and Federal

Register Notice 77 FR 41051 promulgated

July 12, 2012, Federal Register Notice 77 FR

65107 promulgated October 25, 2012, and

Federal Register Notice 76 FR 28646 promulgated May 18, 2011, are hereby incorporated

by reference in this rule, as published by the

Office of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408. This

rule does not incorporate any subsequent

amendments or additions.

(B) Administrator as it appears in 40 CFR

52.21 shall refer to the director of the Missouri Department of Natural Resources’ Air

Pollution Control Program except in the following, where it shall continue to refer to the

administrator of the U.S. Environmental Protection Agency:

1. (b)(17) Federally enforceable;

2. (b)(37)(i) Repowering;

3. (b)(43) Prevention of Significant

Deterioration (PSD) program;

4. (b)(48)(ii)(c);

5. (b)(50) Regulated NSR pollutant;

6. (b)(51) Reviewing authority;

7. (g) Redesignation;

8. (l) Air quality models;

9. (p)(2) Federal Land Manager; and

10. (t) Disputed permits or redesignations.

(C) All permit applications subject to section (8) of this rule are subject to the public

participation requirements in subsection

(12)(B) of this rule.

(D) The director of the Missouri Department of Natural Resources’ Air Pollution

Control Program shall transmit to the administrator of the U.S. Environmental Protection

Agency a copy of each permit application

filed under section (8) of this rule and shall

notify the administrator of each significant

action taken on the application.

(E) Applicants must obtain emission reductions, obtained through binding agreement

prior to commencing operations and subject

to 10 CSR 10-6.410, equal to and of a comparable air quality impact to the new or

increased emissions in the following circumstances when the:

1. Area has no increment available; or

2. Proposal will consume more increment than is available.

(9) Hazardous Air Pollutant Permits. The

requirements of this section apply to any

owner or operator of a major source identified in subsection (9)(B) of this rule, unless

the major source in question has been specifically regulated or exempted from regulation

under a standard issued pursuant to section

112(d), section 112(h), or section 112(j) of

the Clean Air Act and incorporated in another subpart of part 63 of the Code of Federal

Regulations (CFR), or the owner or operator

of such a major source has received all necessary air quality permits for construction or

reconstruction before the effective date of this

section.

(A) Applicability. No person may construct

or reconstruct a major source unless they

submit an application and receive approval

from the permitting authority according to

the procedures of paragraphs (9)(C)2. and

(9)(C)3. of this rule; or unless all of the following are satisfied:

1. All HAPs emitted by the process or

production unit that would otherwise be controlled under the requirements of this section

will be controlled by emission control equipment which was previously installed at the

same site as the process or production unit;

2. The permitting authority—

A. Has determined within a period of

five (5) years prior to the fabrication, erection, or installation of the process or production unit that the existing emission control

equipment represented best available control

technology (BACT), lowest achievable emission rate (LAER) under 40 CFR 51 or 52,

toxic-best available control technology (TBACT), or maximum achievable control technology (MACT) based on state air toxic rules

for the category of pollutants which includes

those HAPs to be emitted by the process or

production unit; or

B. Determines that the control of HAP

emissions provided by the existing equipment

will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be provided by a current BACT,

LAER, T-BACT, or state air toxic rule MACT

determination);

3. The permitting authority determines

that the percent control efficiency for emissions of HAP from all sources to be controlled by the existing control equipment will

be equivalent to the percent control efficiency provided by the control equipment prior to

52 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
the inclusion of the new process or production unit;

4. The permitting authority has provided

notice and an opportunity for public comment

concerning its determination that criteria in

paragraphs (9)(A)1., 2., and 3. of this rule

apply and concerning the continued adequacy

of any prior LAER, BACT, T-BACT, or state

air toxic rule MACT determination;

5. If any commenter has asserted that a

prior LAER, BACT, T-BACT, or state air

toxic rule MACT determination is no longer

adequate, the permitting authority has determined that the level of control required by

that prior determination remains adequate; 

6. The requirements of section (6) of

this rule are met; and

7. Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by

the permitting authority are predicated will

be construed by the permitting authority as

applicable requirements under section 504(a)

of the Clean Air Act and either have been

incorporated into any existing part 70 permit

for the affected facility or will be incorporated into such permit upon issuance.

(B) Exemptions. The requirements of section (9) of this rule do not apply to—

1. Electric utility steam generating units

unless they are listed on the source category

list established in accordance with section

112(c) of the Clean Air Act; or

2. Research and development activities.

(C) MACT Review and Determinations.

1. General principles.

A. The MACT emission limitation or

MACT requirements recommended by the

applicant and approved by the permitting

authority shall not be less stringent than the

emission control which is achieved in practice by the best controlled similar source, as

determined by the permitting authority.

B. Based upon available information,

the MACT emission limitation and control

technology recommended by the applicant

and approved by the permitting authority

shall achieve the maximum degree of reduction in emissions of HAPs which can be

achieved by utilizing those control technologies that can be identified from the available

information, taking into consideration the

costs of achieving such emission reduction

and any non-air quality health and environmental impacts and energy requirements

associated with the emission reduction.

C. The applicant may recommend a

specific design, equipment, work practice, or

operational standard, or a combination thereof, and the permitting authority may approve

such a standard if the permitting authority

specifically determines that it is not feasible

to prescribe or enforce an emission limitation

under the criteria set forth in section

112(h)(2) of the Clean Air Act.

D. The applicant has met the requirements of section (6) of this rule.

2. Application requirements for a caseby-case MACT determination.

A. An application for a MACT determination shall specify a control technology

selected by the owner or operator that, if

properly operated and maintained, will meet

the MACT emission limitation or standard as

determined according to the principles set

forth in paragraph (9)(C)1. of this rule.

B. Where additional control technology or a change in control technology is

required, the application for a MACT determination shall contain the following information:

(I) Emissions Information for Construction Permit Application;

(II) Standard application form and

information as described in paragraph

(12)(A)4. of this rule;

(III) The anticipated date of startup;

(IV) The estimated emission rate

for each such HAP, to the extent this information is needed by the permitting authority

to determine MACT;

(V) Any applicable federallyenforceable emission limitations;

(VI) The maximum and expected

utilization of capacity and the associated

uncontrolled emission rates for that source, to

the extent this information is needed by the

permitting authority to determine MACT;

(VII) The controlled emissions in

tons/year at expected and maximum utilization of capacity, to the extent this information

is needed by the permitting authority to determine MACT;

(VIII) A recommended emission

limitation consistent with the principles set

forth in paragraph (9)(C)1. of this rule;

(IX) The selected control technology to meet the recommended MACT emission limitation, including technical information on the design, operation, size, and

estimated control efficiency of the control

technology (and the manufacturer’s name,

address, telephone number, and relevant

specifications and drawings, if requested by

the permitting authority);

(X) Supporting documentation

including identification of alternative control

technologies considered by the applicant to

meet the emission limitation, and analysis of

cost and non-air quality health environmental

impacts or energy requirements for the

selected control technology; and

(XI) Any other relevant information

required to be submitted by the permitting

authority deemed necessary to determine

MACT.

C. Where the owner or operator contends that source will be in compliance, upon

start-up, with case-by-case MACT without a

change in control technology, the application

for a MACT determination shall contain the

following information:

(I) The information described in

parts (9)(C)2.B.(II) through (9)(C)2.B.(XI)

of this rule to determine MACT; and

(II) Documentation of the control

technology in place.

3. Administrative procedures for review

of the MACT application.

A. The permitting authority will notify the owner or operator in writing, within

thirty (30) days from the date the application

is first received, as to whether the application

for a MACT determination is complete or

whether additional information is required.

B. The permitting authority will initially approve the recommended MACT emission limitation and other terms set forth in the

application, or the permitting authority will

notify the owner or operator in writing of its

intent to disapprove the application, within

thirty (30) calendar days after the owner or

operator is notified in writing that the application is complete.

C. Notice of disapproval.

(I) The owner or operator may present, in writing, within sixty (60) calendar

days after receipt of notice of the permitting

authority’s intent to disapprove the application, additional information or arguments

pertaining to, or amendments to, the application for consideration by the permitting

authority before it decides whether to finally

disapprove the application.

(II) The permitting authority will

either initially approve or issue a final disapproval of the application within ninety (90)

days after it notifies the owner or operator of

an intent to disapprove or within thirty (30)

days after the date additional information is

received from the owner or operator,

whichever is earlier.

(III) A final determination by the

permitting authority to disapprove any application will be in writing and will specify the

grounds on which the disapproval is based. If

any application is finally disapproved, the

owner or operator may submit a subsequent

application, provided that the subsequent

application has been amended in response to

the stated grounds for the prior disapproval.

D. Incorporation of the MACT determination into a construction permit.

(I) When an application for a

MACT determination is approved pursuant to

JASON KANDER (9/30/13) CODE OF STATE REGULATIONS 53

Secretary of State

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and

Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6
this section, the construction permit issued

pursuant to this rule shall contain a MACT

emission limitation (or a MACT work practice standard if the permitting authority determines it is not feasible to prescribe or enforce

an emission standard) to control the emissions of HAP.

(II) Such construction permit will

specify any notification, operation and maintenance, performance testing, monitoring,

reporting, and record-keeping requirements.

Such construction permit shall include:

(a) In addition to the MACT

emission limitation additional emission limits, production limits, operational limits, or

other terms and conditions necessary to

ensure enforceability of the MACT emission

limitation;

(b) Compliance certifications,

testing, monitoring, reporting, and recordkeeping requirements that are consistent with

the requirements of 10 CSR 10-6.065;

(c) In accordance with section

114(a)(3) of the Clean Air Act, monitoring

shall be capable of demonstrating continuous

compliance during the applicable reporting

period. Such monitoring data shall be of sufficient quality to be used as a basis for

enforcing all applicable requirements including emission limitations; and

(d) A statement requiring the

owner or operator to comply with all applicable requirements.

(III) Approval shall expire if construction or reconstruction has not commenced within eighteen (18) months of

issuance, unless the permitting authority has

granted an extension. However, in no case

will approval extend beyond thirty (30)

months from the date of issuance if construction or reconstruction have not commenced.

E. Opportunity for public comment

on the construction permit shall follow the

procedure found in subsection (12)(B),

Appendix B, Public Participation, of this

rule.

F. EPA notification. The permitting

authority shall send a copy of the final construction permit or other notice of approval

issued to the administrator through the appropriate regional office, and to all other state

and local air pollution control agencies having jurisdiction in affected states;

G. Compliance date. On and after the

date of start-up, a constructed or reconstructed major source which is subject to these

requirements shall be in compliance with all

applicable requirements specified in the

MACT determination.

(D) Requirements for constructed or

reconstructed major sources subject to a subsequently promulgated standard or MACT

requirement.

1. If an emission standard is promulgated under section 112(d) or section 112(h) of

the Clean Air Act or the state issues a determination under section 112(j) of the Clean

Air Act that is applicable to a stationary

source or group of sources which would be

deemed to be a constructed or reconstructed

major source under this section before the

date that the owner or operator has obtained

a final and legally-effective MACT determination under any of the review options available in this rule, the owner or operator of the

source(s) shall comply with the promulgated

standard or determination rather than any

MACT determination under this section by

the state, and the owner or operator shall

comply with the promulgated standard by the

compliance date in the promulgated standard.

2. If an emission standard is promulgated under section 112(d) or section 112(h) of

the Clean Air Act or the state issues a determination under section 112(j) of the Clean

Air Act that is applicable to a stationary

source or group of sources which would be

deemed to be a constructed or reconstructed

major source under this section and has been

subject to a prior case-by-case MACT determination pursuant to this section, and the

owner or operator obtained a final and legally-effective case-by-case MACT determination prior to the promulgated date of such

emission standard, then the state shall (if the

initial part 70 permit has not yet been issued)

issue an initial operating permit which incorporates the emission standard or determination, or shall (if the initial part 70 permit has

been issued) revise the operating permit

according to the reopening procedures in 40

CFR 70 or 71, whichever is relevant, to

incorporate the emission standard or determination.

A. The EPA may include in the emission standard established under section

112(d) or section 112(h) of the Clean Air Act

a specific compliance date for those sources

which have obtained a final and legally-effective MACT determination under this section

and which have submitted the information

required by this section to the EPA before the

close of the public comment period for the

standard established under section 112(d) of

the Clean Air Act. Such date shall assure that

the owner or operator shall comply with the

promulgated standard as expeditiously as

practicable, but no longer than eight (8) years

after such standard is promulgated. In that

event, the state shall incorporate the applicable compliance date in the part 70 operating

permit.

B. If no compliance date has been

established in the promulgated section 112(d)

or 112(h) standard or section 112(j) determination, for those sources which have obtained

a final and legally-effective MACT determination under this section, then the permitting

authority shall establish a compliance date in

the permit that assures that the owner or

operator shall comply with the promulgated

standard or determination as expeditiously as

practicable, but not longer than eight (8)

years after such standard is promulgated or a

section 112(j) determination is made.

3. Notwithstanding the requirements of

paragraphs (9)(D)1. and 2. of this rule, if an

emission standard is promulgated under section 112(d) or section 112(h) of the Clean Air

Act or the state issues a determination under

section 112(j) of the Clean Air Act that is

applicable to a stationary source or group of

sources which was deemed to be a constructed or reconstructed major source under this

section and which is the subject of a prior

case-by-case MACT determination pursuant

to this section, and the level of control

required by the emission standard issued

under section 112(d) or section 112(h) or the

determination issued under section 112(j) is

less stringent than the level of control

required by any emission limitation or standard in the prior MACT determination, the

state is not required to incorporate any less

stringent terms of the promulgated standard

in the part 70 operating permit applicable to

such source(s) and may in its discretion consider any more stringent provisions of the

prior MACT determination to be applicable

legal requirements when issuing or revising

such operating permit. 

(10) Permit Amendments and Fees. 

(A) Permit Fees. 

1. All installations or source operations

requiring permits under this rule shall make

application to the permitting authority and

submit the application with a permit filing fee

of one hundred dollars ($100). Failure to submit the permit filing fee constitutes an incomplete permit application according to paragraph (12)(A)2. of this rule. 

2. Upon the determination that a complete application for a permit or a permit

amendment has been received, a fee for permit processing in the amount of fifty dollars

($50) per hour of actual staff time will begin

to accrue. In lieu of the fifty-dollar ($50) perhour review fee, for projects subject to

review under paragraph (4)(D)1. of this rule,

a fee of two hundred dollars ($200) shall be

submitted by the applicant.

3. The applicant shall submit fees for

the processing of the permit application within ninety (90) calendar days of the final

review determination, whether the permit is

54 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
approved, denied, withdrawn, or not needed.

After the ninety (90) calendar days, the

unpaid processing fees shall have interest

imposed upon the unpaid amount at the rate

of ten percent (10%) per annum from the date

of billing until payment is made. Failure to

submit the processing fees after the ninety

(90) calendar days will result in the permit

being denied (revoked for portable installation location amendments) and the rejection

of any future permit applications by the same

applicant until the processing fee plus interest

have been paid.

4. In addition to permit filing and processing fees, the applicant shall pay for any

publication of notice required and shall pay

for the original and one (1) copy of the transcript, to be filed with the permitting authority, of any hearing required under this rule.

No permit shall be issued until all publication

and transcript costs have been paid. 

5. Partially processed permits that are

withdrawn after submittal shall be charged at

the same processing fee rate in paragraph

(10)(A)2. of this rule for the time spent processing the application. 

6. The commission may reduce the permit processing fee or exempt any person from

payment of the fee upon an appeal filed with

the commission stating and documenting that

the fee will create an unreasonable economic

hardship upon the person. 

7. Any person who obtains a valid permit from a city or county holding a certificate

of authority granted by the commission under

section 643.140, RSMo, shall be deemed to

have met the fee requirements of this section

for that permit.

(B) Amending a Final Permit. 

1. No changes in the proposed installation or modification may be made which

would change any information in a finalized

permit, except in accordance with this subsection. 

2. If the applicant desires to make the

change, the applicant shall submit in writing

a request to the permitting authority that the

permit be amended. 

3. If the requested change will result in

increased emissions, air quality impact or

increment consumption, and is submitted

after the final notice of permit processing fee

due, a new permit application is required for

the requested change. The new application, to

the maximum extent possible, should reference those portions of the original application

that are unchanged. This new submittal will

be subject to all requirements of this rule.

The accrued permit processing fee from the

original application must be submitted to the

permitting authority before the new permit

application can be accepted. 

4. If the requested change will not result

in increased emissions, air quality impact, or

increment consumption, the original permit

application shall be amended and the permit

shall be modified pursuant to the amended

application within thirty (30) calendar days of

receipt of the written request. The fee for this

type of change will be subject to the requirements of subsection (10)(A), except paragraph (10)(A)1., of this rule.

(11) Tables. 

(A) Table 1—Ambient Air Increment

Table.

Maximum

Allowable

Pollutant Increase

Class I Areas 

Particulate Matter 2.5 Micron:

Annual arithmetic mean 1

24-hour maximum 2

Particulate Matter 10 Micron:

Annual arithmetic mean 4

24-hour maximum 8

Sulfur Dioxide:

Annual arithmetic mean 2

24-hour maximum 5

3-hour maximum 25

Nitrogen Dioxide:

Annual arithmetic mean 2.5

Class II Areas

Particulate Matter 2.5 Micron:

Annual arithmetic mean 4

24-hour maximum 9

Particulate Matter 10 Micron:

Annual arithmetic mean 17

24-hour maximum 30

Sulfur Dioxide:

Annual arithmetic mean 20

24-hour maximum 91

3-hour maximum 512

Nitrogen Dioxide:

Annual arithmetic mean 25

Class III Areas

Particulate Matter 2.5 Micron:

Annual arithmetic mean 8

24-hour maximum 18

Particulate Matter 10 Micron:

Annual arithmetic mean 34

24-hour maximum 60

Sulfur Dioxide:

Annual arithmetic mean 40

24-hour maximum 182

3-hour maximum 700

Nitrogen Dioxide:

Annual arithmetic mean 50

Notes:

1. All increases in micrograms per cubic

meter. For any period other than an annual

period, the applicable maximum allowable

increase may be exceeded during one (1)

period once per year at any one (1) location. 

2. There are two (2) Class I Areas in Missouri—one (1) in Taney County (Hercules

Glade) and one (1) in Wayne and Stoddard

Counties (Mingo Refuge). 

3. There are no Class III Areas in Missouri at

this time. 

(B) Table 2—Significant Monitoring Concentrations.

Pollutant Air Quality Impact 

Carbon monoxide 575, 8-hour average

Nitrogen dioxide 14, annual

Particulate matter—

2.5 micron (PM2.5) 4, 24-hour

Particulate matter—

10 micron (PM10) 10, 24-hour

Sulfur dioxide 13, 24-hour

Ozone *

Lead .1, 3-month

Mercury 0.25, 24-hour

Beryllium .001, 24-hour

Fluorides 0.25, 24-hour

Vinyl chloride 15, 24-hour

Total reduced sulfur 10, 1-hour

Hydrogen sulfide 0.2, 1-hour

Reduced sulfur compounds 10, 1-hour

Note: All impacts in micrograms per cubic

meter. 

*No significant monitoring concentration is

provided for ozone. However, any potential

net  increase of 100 tons per year, or more, of

volatile organic compounds or nitrogen

oxides subject to section (8) of this rule would

require an ambient impact analysis, including

the gathering of ambient air quality data.

(C) Table 3—Missouri Guidelines for Valid

Data Total Suspended Particulate.

Minimum Requirement

Time Period for Validity

Month 2, 24-hour samples

Quarter 10, 24-hour samples and 

3 valid months 

Year 45, 24-hour samples and 4 

valid quarters

Continuously Monitored Data 

Minimum Requirement

Time Period for Validity

3-hour running 3 consecutive hourly 

average observations 

8-hour running 6 hourly observations 

average

24-hour average 18 hourly observations 

(daily)

Monthly 21 daily averages 

Quarterly1 3 consecutive monthly 

averages 

Yearly2 11 monthly averages

1Quarter is defined as calendar quarter.

JASON KANDER (9/30/13) CODE OF STATE REGULATIONS 55

Secretary of State

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and

Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6
2Year is defined as four (4) consecutive calendar quarters. 

(D) Table 4—Significant Levels for Air

Quality Impact in Class II Areas.

Averaging Time 

(Hours)

Pollutant Annual 24 8 3 1

SO2 1.0 5 25

PM10 1.0 5

PM2.5 0.3 1.2

NO2 1.0

CO .5 2

Note: All impacts in micrograms per cubic

meter, except for CO in milligrams per cubic

meter.

(12) Appendices.

(A) Appendix A, Permit Review Pro -

cedures. 

1. Preapplication meeting. Prior to submittal of a complete permit application, the

applicant may request a preapplication meeting with the permitting authority to discuss

the nature of and apparent requirements for

the forthcoming permit application. This

meeting shall not fall under the permit fee

requirements. 

2. Complete application. 

A. The permitting authority shall

review each application for completeness and

shall inform the applicant within thirty (30)

days if the application is not complete. In

order to be complete, an application must

include a completed application form and, to

the extent not called for by the form, the

information required in paragraph (12)(A)4.

of this rule.

B. If the permitting authority does not

notify the installation that its application is

not complete within thirty (30) days of receipt

of the application, the application shall be

deemed complete. However, nothing in this

subsection shall prevent the permitting

authority from requesting additional information that is reasonably necessary to process

the application.

(I) The permitting authority shall

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

shall be provided to the applicant along with

the notice of incompleteness. 

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

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

application, the permitting authority may

request this additional information in writing.

In requesting this information, the permitting

authority shall establish a reasonable deadline

for a response. The review period will be

extended by the amount of time necessary to

collect the required information. 

(III) In submitting an application

for amendment of a construction permit, the

applicant may incorporate by reference those

portions of the existing permit (and the permit application and any permit amendment)

that describe products, processes, operations,

and emissions. The applicant must identify

specifically and list which portions of the previous permit, applications, or both, are incorporated by reference. In addition, a permit

amendment application must contain— 

(a) Information specified in paragraph (12)(A)4. of this rule for those products, processes, operations, and emissions— 

I. That are not addressed in

the previous permit or application; 

II. That are subject to applicable requirements that are not addressed in the

previous permit or application; or 

III. For which the applicant

seeks permit terms and conditions that differ

from those in the previous permit or application. 

C. Confidential information. An

applicant may submit information to the permitting authority under a claim of confidentiality pursuant to 10 CSR 10-6.210.

D. Filing fee. Each application must

be accompanied by a one hundred-dollar

($100) filing fee. 

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

relevant facts or who has submitted incorrect

information in a permit application, upon

becoming aware of the failure or incorrect

submittal, shall promptly submit supplementary facts or corrected information. In addition, an applicant shall provide additional

information, as necessary, to address any

requirements that become applicable to the

installation after the date an application is

deemed complete, but prior to the issuance of

the construction permit. 

4. Standard application form and

required information. The director will provide a standard application package for applicant’s use. An applicant shall submit an

application package consisting of the standard

application form and Emissions Information

for Construction Permit Application. After

the effective date of this rule, any revision to

the department-supplied forms will be presented to the regulated community for a

forty-five (45)-day comment period. The

application package must include all information needed to determine applicable requirements. The application must include information needed to determine the applicability of

any applicable requirement. The applicant

shall submit the information called for by the

application form for each emissions unit at

the installation to be permitted. The standard

application form (and any attachments) shall

require that the following information be provided: 

A. Identifying information. The

applicant’s company name and address (or

plant name and address if different from the

company name), the owner’s name and state

registered agent, and the telephone number

and name of the plant site manager or other

contact person; 

B. Processes and products. A description of the installation’s processes and products (by two (2)-digit Standard Industrial

Classification Code); 

C. Emissions-related information.

The following emissions-related information

on the emission inventory forms: 

(I) All emissions of regulated air

pollutants. The permit application shall

describe all emissions of regulated air pollutants emitted from each emissions unit,

except as provided for by this section. The

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

sufficient to verify which requirements are

applicable; 

(II) Identification and description

of all emissions units whose emissions are

included in part (12)(A)4.C.(I) of this rule, in

sufficient detail to establish the applicability

of all requirements; 

(III) Emissions rates, or information that enables the permitting authority to

determine such rates, in tons per year and in

such terms as are necessary to establish compliance consistent with the applicable standard reference test method, if any; 

(IV) Information to the extent needed to determine or regulate emissions: fuels,

fuel use, raw materials, production rates, and

operating schedules; 

(V) Identification and description

of air pollution control equipment; 

(VI) Identification and description

of compliance monitoring devices or activities; 

(VII) Limitations on installation

operations affecting emissions or any work

practice standards, where applicable, for all

regulated air pollutants; 

(VIII) Other information required

by any applicable requirement (including

information related to stack height limitations

developed pursuant to section 123 of the

Act); and

(IX) Calculations on which the

information in parts (12)(A)4.C.(I)–(VIII) of

56 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
this rule is based; 

D. Other specific information

required under the permitting authority’s rule

to implement and enforce other applicable

requirements of the Act or of these rules, or

to determine the applicability of these

requirements. 

5. Certification by responsible official.

Any application form or report submitted

pursuant to this rule shall contain certification by a responsible official of truth, accuracy, and completeness. This certification, and

any other certification, shall be signed by a

responsible official and shall contain the following language: “I certify, based on information and belief formed after reasonable

inquiry, the statements and information in the

document are true, accurate, and complete.” 

6. Receipt of the complete application.

Upon receipt of a complete permit application, the permitting authority shall proceed

with processing of the application. 

7. Notification of processing fees. The

permitting authority, as timely as possible,

will notify the applicant in writing if the permit processing fee approaches one thousand

dollars ($1,000) and in one thousand-dollar

($1,000) increments after that. 

8. Public participation. For all applications for sources that emit five (5) or more

tons of lead per year, or that contain good

engineering practice stack height demonstrations, or that are subject to section (7) or (8)

of this rule, the permitting authority shall follow the procedures for public participation as

specified in section (12), Appendix (B) of

this rule. 

9. Final completeness determination.

Final determination will be made on the following schedules: 

A. The permitting authority will

make final determinations for complete permit applications processed under section (7),

(8), or (9) of this rule no later than one hundred eighty-four (184) calendar days after

receipt of a complete application, taking into

account any additional time necessary for

missing information; 

B. The permitting authority will make

final determination for complete permit

applications processed under section (3), (4),

(5), or (6) of this rule no later than ninety

(90) calendar days after receipt of a complete

application, taking into account any additional time necessary for missing information;

and 

C. If the permitting authority exceeds

the time for review described in subparagraph

(12)(A)9.A. or B. of this rule, the applicant

shall not be required to pay the processing fee

associated with the application. 

10. Conditions required by permitting

authority. The permitting authority may

impose those conditions in a permit as may

be necessary to accomplish the purposes of

this rule, any applicable requirements, or the

Air Conservation Law, Chapter 643, RSMo,

and are no less stringent than any applicable

requirements. Nothing in this rule shall be

deemed to limit the power of the permitting

authority in this regard. The following condition examples are solely for the purposes of

illustration, and do not limit the generality of

the preceding liberal sentence: 

A. Sampling ports of a suitable size,

number, and location; 

B. Safe access to each port; 

C. Instrumentation to monitor and

record emission data; 

D. Other sampling and testing facilities; 

E. Operating or work practice constraints to limit the maximum level of emissions; 

F. Emission control device efficiency

specifications to limit the maximum level of

emissions; 

G. Maximum level of emissions; 

H. Emission testing after commencing operations, to be conducted by the owner

or operator, as necessary to demonstrate

compliance with applicable requirements or

other permit conditions; 

I. Data reporting; and 

J. Post-construction ambient monitoring and reporting. 

11. Drafts for public comment. Following review of an application, the permitting

authority shall issue a draft permit for public

comment, in accordance with subsection

(12)(B) of this rule. The draft shall be accompanied by a statement setting forth the legal

and factual basis for the draft permit conditions (including references to applicable

statutory or regulatory provisions). The permitting authority shall send this statement to

the administrator, to affected states, and to

the applicant, and shall place a copy in the

public file. 

12. Additional procedures needed for

unified reviews of this rule’s section (6), (7),

(8), or (9) unified review construction permit

applications and part 70 operating permit

applications.

A. Permit review by the administrator

and affected states. 

(I) Administrator review. 

(a) Copies of applications, proposals, and final actions. The applicant will

provide two (2) copies of the information

included in an application. The permitting

authority will forward to the administrator

one (1) copy of each permit application and

each final operating permit. 

(b) Administrator’s objection.

No permit shall be issued under this rule if

the administrator objects to its issuance in

writing within forty-five (45) days after

receipt of the proposed permit and all necessary supporting information. 

(c) Failure to respond to objection. If the permitting authority does not

respond to an objection of the administrator

by transmitting a revised proposed permit

within ninety (90) days after receipt of that

objection, the administrator may issue or

deny the permit in accordance with the Act. 

(d) Public petitions for objection. If the administrator does not object to a

proposed permit action, any person may petition the administrator to make such an objection within sixty (60) days after expiration of

the administrator’s forty-five (45)-day review

period. 

I. This petition may only be

based on objections raised during the public

review process, unless the petitioner demonstrates that it was impracticable to raise

objection during the public review period

(including when the grounds for objection

arose after that period). 

II. If the administrator

responds to a petition filed under this section

by issuing an objection, the permitting

authority will not issue the permit until the

objection has been resolved. If the permit was

issued after the administrator’s forty-five

(45)-day review period, and prior to any

objection by the administrator, the permitting

authority shall treat that objection as if the

administrator were reopening the permit for

cause. In these circumstances, the petition to

the administrator does not stay the effectiveness of the issued permit, and the permittee

shall not be in violation of the requirement to

have submitted a complete and timely permit

application. 

(II) Affected state review. 

(a) Notice of draft actions. The

permitting authority will give notice of each

draft permit to any affected state on or before

the time that the permitting authority provides notice to the public. Affected states

may comment on the draft permit action during the period allowed for public comment,

as shall be set forth in a notice to affected

states. 

(b) Refusal to accept recommendations. If the permitting authority refuses to

accept all recommendations for a proposed

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

and the affected state in writing of its reasons

for not accepting those recommendations. 

B. Proposals for review. Following the

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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and

Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6
end of the public comment period, the permitting authority shall prepare and submit to

the administrator a proposed permit. 

(I) The proposed permit shall be

issued no later than forty-five (45) days after

the deadline for final action under this section

and shall contain all applicable requirements

that have been promulgated and made applicable to the installation as of the date of

issuance of the draft permit. 

(II) If new requirements are promulgated or otherwise become newly applicable to the installation following the

issuance of the draft permit, but before

issuance of a final permit, the permitting

authority may elect to either— 

(a) Extend or reopen the public

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

the new requirements; or 

(b) If the permitting authority

determines that this extension or reopening of

the public comment period would delay

issuance of the permit unduly, the permitting

authority may include in the proposed or final

permit, or both, a provision stating that the

operating permit will be reopened immediately to incorporate the new requirements and

stating that the new requirements are excluded from the protection of the permit shield. If

the permitting authority elects to issue the

proposed or final permit, or both, without

incorporating the new requirements, the permitting authority, within thirty (30) days after

the new requirements become applicable to

the source, shall institute proceedings pursuant to this section to reopen the permit to

incorporate the new requirements. These

reopening proceedings may be instituted, but

need not be completed, before issuance of the

final permit. 

C. Action following the administrator’s review. 

(I) Upon receipt of notice that the

administrator will not object to a proposed

permit that has been submitted for the administrator’s review pursuant to this section, the

permitting authority shall issue the permit as

soon as practicable, but in no event later than

the fifth day following receipt of the notice

from the administrator. 

(II) Forty-five (45) days after transmittal of a proposed permit for the administrator’s review, and if the administrator has

not notified the permitting authority that s/he

objects to the proposed permit action, the

permitting authority shall promptly issue the

permit, but in no event later than the fiftieth

day following transmittal to the administrator. 

(III) If the administrator objects to

the proposed permit, the permitting authority

shall consult with the administrator and the

applicant, and shall submit a revised proposal to the administrator within ninety (90) days

after the date of the administrator’s objection.

If the permitting authority does not revise the

permit, the permitting authority will so

inform the administrator within ninety (90)

days following the date of the objection and

decline to make those revisions. If the administrator disagrees with the permitting authority, the administrator may issue the permit

with the revisions incorporated.

13. Notification in writing. After making a final determination whether the permit

should be approved, approved with conditions, or denied, the permitting authority

shall notify the applicant in writing of the

final determination and the total permit processing fees due. 

14. Notice of processing fees due. If

payment of permit processing fees has not

been received from the applicant eighty (80)

calendar days after the final determination,

the permitting authority shall issue in writing

to the applicant a final notice of payment due. 

15. Processing fees unpaid. If payment

of permit processing fees has not been

received from the applicant ninety (90) calendar days after the final determination, the

permitting authority shall notify the applicant

that the permit has been denied, provided the

application previously had been approved in

the final determination. The permitting

authority also shall advise the applicant that

the fee is still due and, as specified in paragraph (10)(A)3. of this rule, the fee shall have

interest imposed upon it from the date of

billing until payment is made. 

16. Payment received. No later than

three (3) calendar days after receipt of the

whole amount of the fee due, the permitting

authority will send the applicant a notice of

payment received. The permit will also be

issued at this time, provided the final determination was for approval and the permit processing fee was timely received.

(B) Appendix B, Public Participation. 

1. This subsection shall apply to applications for unified review, as well as applications under sections (7) and (8) of this rule,

applications for source operations or installations emitting five (5) or more tons of lead

per year, and applications containing GEP

stack height demonstrations as defined in 10

CSR 10-6.020(1)(G)3.A.–C. 

2. For those applications subject to section (7) or (8) of this rule, completing the

final determination within one hundred

eighty-four (184) days after receipt of a complete application involves performing the following actions in a timely manner: 

A. Preliminary determination. Within

ninety (90) days after receipt of a complete

application, the permitting authority shall

make a preliminary determination whether

construction should be approved, approved

with conditions, or denied; 

B. Draft for public comment and public hearing opportunity. No later than ten (10)

days after the close of the preliminary review

period, the permitting authority shall issue a

draft permit and solicit comments by publishing a notice in a newspaper of general circulation within or nearest to the county in

which the project is proposed to be constructed or operated. The public notice shall

describe the nature of the application, including, with reasonable specificity, the following: name, address, phone number, and representative of the agency issuing the public

notice; name and address of the applicant;

and the proposed project, including its location and permits applied for; a description of

the amount and location of emission reductions that will offset the emissions increase

from the new or modified source; and include

information on how LAER was determined

for the project (where appropriate). The public notice shall also include degree of increment consumption, when appropriate, the

permitting authority’s preliminary determination of whether or not to approve, approve

with conditions or deny, and any reference to

conditions relating to visibility as required in

paragraph (8)(C)5. of this rule. The notice

shall state that the department will hold a

public hearing if one is requested, at which

time any interested person may submit any

relevant information, materials, and views in

support of or opposed to the permit applied

for. The notice shall state the location and

time of the public hearing with the hearing

being held in the county in which all or a

major part of the proposed project is to be

located and state that the hearing will be canceled if a request for a hearing is not received

within twenty-eight (28) days of the publication of the notice. The hearing shall be scheduled not less than thirty (30) nor more than

forty (40) days from the date of publication of

the notice. The notice also shall state that any

interested person may submit relevant information materials and views to the permitting

authority, in writing, until the end of the fortieth day after the date of publication of the

notice for public hearing. The notice shall

further state that a copy of materials submitted by the applicant and used in making the

preliminary determination, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in

making the preliminary determination are

available for public inspection at the Department of Natural Resources’ regional office in

the region in which the proposed installation

58 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
or major modification would be constructed,

as well as at the Jefferson City Central Office

of the Air Pollution Control Program. The

permitting authority shall submit a copy of

this public notice to the administrator; 

C. Availability of preliminary determination. After the close of the preliminary

review period, but no later than the date public notice is published, the permitting authority shall make available to the public, until the

end of the public comment period, at the

regional office in the region in which the proposed installation or major modification

would be constructed, as well as in the Air

Pollution Control Program Office in Jefferson City, a copy of the preliminary determination, and a copy of summary of other materials, if any, considered in making the

preliminary determination; 

D. The permitting authority may designate another person to conduct any hearing

under this section; 

E. Distribution of public notice. Within ten (10) days after the close of the preliminary review period, the permitting authority

shall send a copy of the public notice to the

applicant and to officials and agencies having

cognizance over the location where the proposed construction would occur as follows:

local air pollution control agencies, the chief

executive of the city and county where the

installation or modification would be located,

any comprehensive regional land use planning

agency, any state air program permitting

authority, and any Federal Land Manager

(FLM) whose lands may be affected by emissions from the installation or modification; 

F. Public comment and applicant

response. The permitting authority shall consider all written comments submitted within

the time specified in the public notice and all

comments received at the public hearing, if

one is held, in making a final decision on the

approvability of the application. No later than

ten (10) days after the close of the public

comment period, the applicant may submit a

written response to any comments submitted

by the public. The permitting authority shall

consider the applicant’s response in making a

final decision. The permitting authority shall

make all comments available for public

inspection in the same locations where the

permitting authority made available prehearing information relating to the proposed

installation or modification. Further, the permitting authority shall prepare written

response to all comments and make them

available at the locations referred to previously; 

G. Final determination. The permitting authority shall make a final determination whether construction should be

approved, approved with conditions, or

denied pursuant to this rule, then notify the

applicant in writing of the final determination

and make this notification available for public

inspection at the same locations where the

permitting authority made available prehearing information and public comments relating

to the installation or modification. The permitting authority shall submit a copy of this

final determination to the administrator; 

H. Public notice exception. If the

administrator has provided public notice and

opportunity for public comment and hearing

equivalent to that provided by this subsection,

the permitting authority may make a final

determination without providing public notice

and opportunity for public comment and

hearing required by this subsection; and 

I. Class I area visibility review and

notice to the FLM. 

(I) For proposed installation subject

to specific permit requirements in sections

(7) and (8) of this rule, but not dependent on

any quantity of lead emissions as stated in

paragraph (12)(B)1. of this rule, the permitting authority shall provide advance notification to any FLM where, in the judgment of

the permitting authority, visibility may be

affected in a Class I area of the FLM’s

responsibility. The notice shall be provided

within thirty (30) days of receipt of an initial

application or when first learning of the

applicant’s intent for a permit. 

(II) No later than thirty (30) days

after receipt of a complete application, the

permitting authority shall make written notification to the FLM whose Class I area (those

designated in paragraph (12)(I)3. of this rule)

may be affected by emissions from the proposed source. The notification must include

all information relevant to the permit application and shall include an analysis of anticipated Class I visibility impacts. The permitting authority may also make this notification

to any additional FLM whose Class I area’s

visibility, in the judgment of the permitting

authority, may be impacted. 

(III) The permitting authority shall

consider any analysis performed by an FLM

that is provided to the permitting authority

within thirty (30) days of the FLM’s receipt

of the notification and analysis required in

part (12)(B)2.I.(II) of this rule. Where the

FLM’s analysis indicates that an adverse

impact on visibility (as defined in 10 CSR 10-

6.020) would occur in a Class I area as a

result of the proposed project, and analysis

does not demonstrate an adverse impact to

the permitting authority’s satisfaction, the

permitting authority shall so indicate the dissatisfaction in the public notice of hearing.

With this condition, the public notice also

shall contain the location where an explanation of the permitting authority’s reasoning

can be found, and that the explanation be

available for public inspection no later than

the date public notice is published. 

3. This paragraph is for those applications not subject to section (7) or (8) of this

rule, but which propose an emission of five

(5) or more tons of lead per year or applications containing GEP stack height demonstrations. For these applications, completing the

final determination within ninety (90) calendar days after receipt of the complete application involves performing the same public

participation activities as those subject to section (7) or (8) of this rule, but with shorter

time frames. The following specifies the new

time frames: 

A. Permitting authority’s preliminary

determination—No later than forty-five (45)

calendar days after receipt of a complete

application; 

B. Public notice of hearing—No later

than five (5) calendar days after the preliminary determination; 

C. Public hearing—No later than thirty (30) calendar days after the date of the

public notice; and 

D. Applicant response—No later than

five (5) calendar days after the end of the

public comment period, the applicant may

submit a written response to any comments

submitted.

(C) Appendix C, Offsets. Offset provisions

may be found in 10 CSR 10-6.410.

(D) Appendix D, Banking. Banking provisions may be found in 10 CSR 10-6.410.

(E) Appendix E, Innovative Control Technology.

1. An owner or operator of an installation subject to section (8) of this rule may

employ a system of innovative control technology if—

A. The applicant demonstrates to the

satisfaction of the permitting authority that

the proposed control system will not cause or

contribute to an unreasonable risk to public

health, welfare, or safety in its operation,

function, or malfunction;

B. The owner or operator demonstrates the ability and agrees to achieve a level

of continuous emission reduction equivalent

to that which would have been required under

subsection (8)(A) of this rule, by a reasonable

date specified by the permitting authority,

taking into consideration the technical and

economic feasibility. The date shall not be

later than four (4) years from the time of

startup or seven (7) years from permit

issuance;

C. On the date specified by the permitting authority, the proposed construction,

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Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and

Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6
employing the system of innovative control,

will meet the requirements of 40 CFR

52.21(l) and 40 CFR 52.21(v);

D. The proposed construction would

not, before the date specified by the permitting authority—

(I) Cause or contribute to a violation of an applicable national ambient air

quality standard;

(II) Impact any Class I area; or

(III) Impact any area where an

applicable increment is known to be violated;

E. The governor of any adjacent state

that will be significantly impacted by the proposed construction gives his/her consent

before the date specified by the permitting

authority; and

F. All other applicable requirements,

including those for public participation, have

been met.

2. Any approval to employ a system of

innovative control technology may be revoked

by the permitting authority, if—

A. The proposed system fails or will

fail by the specified date to achieve the

required continuous emission reduction rate;

or

B. The proposed system, before the

specified date, contributes or will contribute

to an unreasonable risk to public health, welfare, or safety in its operation, function, or

malfunction; or

C. The permitting authority determines that the proposed system is unlikely to

protect the public health, welfare, or safety.

3. If an installation to which this subsection applies fails to meet the required level

of continuous emission reduction within the

specified time period, or the approval is

revoked in accordance with paragraph

(12)(E)2. of this rule, the owner or operator

may request the permitting authority to grant

an extension of time for a minimum period as

may be necessary to meet the requirement for

the application of BACT through use of a

demonstrated system of control. The period

shall not extend beyond the date three (3)

years after termination of the same time period specified in paragraph (12)(E)1. of this

rule.

(F) Appendix F, Air Quality Models. 

1. All estimates and analyses of ambient

concentrations shall be based on the applicable air quality models, data bases, and other

requirements specified in the Environmental

Protection Agency’s (EPA) Guideline on Air

Quality Models (40 CFR 51, Appendix W)

including supplements at the time of application.

2. Any model(s) designated in paragraph

(12)(F)1. of this rule may be adjusted upon a

determination by the administrator and the

permitting authority, after notice and opportunity for public hearing, that the adjustment

is necessary to take into account unique terrain or meteorological characteristics of an

area potentially affected by emissions from

the source. Methods like those outlined in the

Protocol for Determining the Best Performing

Model (United States EPA publication No.

EPA-454/R-92-025, Office of Air Quality

Planning and Standards, Research Triangle

Park, NC 27711, 1992) and Standard Guide

for Statistical Evaluation of Atmospheric Dispersion Model Performance (NTIS No. PB

93-226082) should be used to determine the

comparability of air quality models. 

3. Where the Guideline on Air Quality

Models (40 CFR 51, Appendix W) including

supplements at the time of application does

not address a situation requiring modeling,

the administrator and the permitting authority, after notice and opportunity for public

hearing, may approve the use of a model

which they deem accurate for modeling that

situation. 

(G) Appendix G, Increment Tracking. 

1. The permitting authority will track

ambient air increment consumption at fixed

baseline locations within the baseline areas. 

2. Available increment will be allocated

on a first-come, first-serve basis. The marked

received date of a complete application will

be used by the permitting authority to determine which applicant is entitled to prior allocation of increments. 

3. At the intervals of five (5) years from

the baseline date, the permitting authority

shall determine the actual air quality increment available or consumed for a location(s)

for which complete air monitoring data exists

using subsection (11)(C), Table 3, of this

rule. 

4. Exclusions from increment consumption. Upon written request of the owner or

operator of an installation, made after notice

and opportunity for at least one (1) public

hearing to be held in accordance with the

procedures established in subsection (12)(B)

of this rule, the permitting authority shall

exclude the following concentrations in determining consumption of a maximum allowable

increase: 

A. Concentrations attributable to the

increase in emissions from installations

which have converted from the use of

petroleum products, natural gas, or both, by

reason of an order in effect under sections

2(a) and (b) of the Energy Supply Environmental Coordination Act of 1974 over the

emissions from those sources before the

effective date of the order; 

B. Concentrations attributable to the

increase in emissions from installations

which have converted from using natural gas

by reason of a natural gas curtailment plan in

effect pursuant to the Federal Power Act over

the emissions from those sources before the

effective date of the plan; 

C. Concentrations of particulate matter attributable to the increase in emissions

from construction or other temporary emission-related activities, however; 

D. No exclusion of these concentrations shall apply more than five (5) years

after the effective date of the order to which

subparagraph (12)(G)4.A. of this rule refers

or the plan to which subparagraph

(12)(G)4.B. of this rule refers, whichever is

applicable. If both the order and the plan are

applicable, no exclusion shall apply more

than five (5) years after the later of the effective dates. 

(H) Appendix H, Impacts on Class I

Areas. 

1. At any time prior to the close of the

public comment period specified in subsection (12)(B) of this rule, the FLM for any

federal Class I area may provide information

to the permitting authority demonstrating that

the emissions from the proposed installation

or major modification would have an adverse

impact on the air quality-related values

(including visibility) of any federal mandatory Class I area, notwithstanding that the

change in air quality, resulting from emissions from the installation or major modification, would not cause or contribute to concentrations which would exceed the

maximum allowable increase for a Class I

area, as specified in subsection (11)(A),

Table 1, of this rule. If the permitting authority concurs in the demonstration by the FLM,

the permit shall be denied. 

2. Class I variances. The owner or operator of a proposed installation or major modification may demonstrate to the FLM that

the emissions from the source would have no

adverse impact on the air quality-related values of any federal mandatory Class I area

(including visibility), notwithstanding that

the change in air quality resulting from emissions from the source would cause or contribute to concentrations which would exceed

the maximum allowable increases for a Class

I area. If the FLM concurs with a demonstration and so certifies to the permitting

authority, the permitting authority, providing

that all other applicable requirements of this

rule are met, may issue the permit with those

emission limitations as may be necessary to

assure that emissions of sulfur dioxide, particulate matter, and nitrogen dioxide would

not exceed the following maximum allowable

increases over baseline concentration for

these pollutants:

60 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

Secretary of State

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

Allowable

Pollutant Increase

Particulate Matter 2.5 Micron:

Annual arithmetic mean 4

24-hour maximum 9

Particulate Matter 10 Micron:

Annual arithmetic mean 17

24-hour maximum 30

Sulfur Dioxide:

Annual arithmetic mean 20

24-hour maximum 91

3-hour maximum 325

Nitrogen Dioxide:

Annual arithmetic mean 25

Note: Increases are in micrograms per cubic

meter.

3. Sulfur dioxide variance by governor

with FLM’s concurrence. 

A. If the owner or operator of a proposed installation or major modification who

has been denied an FLM’s certification pursuant to paragraph (12)(H)1. of this rule

demonstrates to the governor that the installation or major modification cannot be constructed as a result of any maximum allowable increase for sulfur dioxide for periods of

twenty-four (24) hours or less applicable to

any Class I area and, in the case of federal

mandatory Class I areas, that a variance

under this part would not adversely affect the

air quality-related values of the area (including visibility), then the governor, after consideration of the FLM’s recommendation (if

any) and subject to his/her concurrence, may

grant, after notice and an opportunity for a

public hearing, a variance from these maximum allowable increases. 

B. If a variance is granted, the permitting authority may issue a permit to an

installation or major modification in accordance with the requirements of paragraph

(12)(H)5. of this rule, provided that all other

applicable requirements of this rule are met. 

4. Variance by the governor with the

president’s concurrence. 

A. The recommendations of the governor and the FLM shall be transferred to the

president in any case where the governor recommends a variance in which the FLM does

not concur. 

B. If this variance is approved by the

president pursuant to 42 U.S.C. section

7475(d)(2)(D)(ii), the permitting authority

may issue a permit in accordance with the

requirements of paragraph (12)(H)5. of this

rule provided that all other applicable

requirements of this rule are met. 

5. Emission limitations for presidential

or gubernatorial variance. 

A. In the case of a permit issued pursuant to paragraph (12)(H)3. or 4. of this

rule, the permitting authority shall impose, as

conditions of the permit, emission limitations

as may be necessary to assure that emissions

of sulfur dioxide from the installation or

major modification (during any day on which

the otherwise applicable maximum allowable

increases are exceeded) will not cause or contribute to concentrations which will exceed

the following maximum allowable increases

over the baseline concentration:

Maximum Allowable Increase 

(micrograms per cubic meter)

Period of Exposure Terrain Areas

Low High

24-hour maximum 36 62

3-hour 130 221

B. These emission limitations also

shall assure that the emissions will not cause

or contribute to concentrations which exceed

the otherwise applicable maximum allowable

increases for periods of exposure of twentyfour (24) hours or less for more than eighteen

(18) days, not necessarily consecutive, during

any annual period. 

6. The permitting authority shall transmit to the administrator a copy of each permit application under this subsection (12)(H)

of this rule and provide notice to the administrator of every action related to the consideration of a permit. 

(I) Appendix I, Attainment and Unclassified Area Designations. 

1. Area classification. 

A. The following areas shall be Class

I areas and may not be redesignated: 

(I) Hercules Glade National

Wilderness Area; and 

(II) Mingo National Wilderness

Area. 

B. Any other area, unless specified in

the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in this section. 

C. The following areas may be redesignated only as Class I or II: 

(I) An area which as of August 7,

1977, exceeded ten thousand (10,000) acres in

size and was a national monument, a national

primitive area, a national preserve, a national

recreational area, a national wild and scenic

river, a national wildlife refuge, or a national

lakeshore or seashore; and 

(II) A national park or national

wilderness area established after August 7,

1977, which exceeds ten thousand (10,000)

acres in size. 

2. Area redesignation. 

A. All areas (except as otherwise provided under paragraph (12)(I)1. of this rule)

are designated Class II as of December 5,

1974. Redesignation (except as precluded by

paragraph (12)(I)1. of this rule) may be proposed by the commission as provided in this

rule, subject to approval by the administrator. 

B. The commission may submit to the

administrator a proposal to redesignate areas

of the state as Class I or Class II provided

that—

(I) At least one (1) public hearing

has been held in accordance with procedures

established in sections 643.070 and 643.100,

RSMo; 

(II) Other states and FLMs whose

lands may be affected by the proposed redesignation were notified at least thirty (30) days

prior to the public hearing; 

(III) A discussion of the reasons for

the proposed redesignation, including a satisfactory description and analysis of the health,

environmental, economic, social, and energy

effects of the proposed redesignation, was

prepared and made available for public

inspection at least thirty (30) days prior to the

hearing and the notice announcing the hearing containing appropriate notification of the

availability of that discussion; 

(IV) Prior to the issuance of notice

respecting the redesignation of an area that

includes any federal lands, the commission

has provided written notice to the appropriate

FLM and afforded adequate opportunity (not

in excess of sixty (60) days) to confer with the

commission respecting the redesignation and

to submit written comments and recommendations. In redesignating any area, with

respect to which any FLM had submitted

written comments and recommendations, the

commission shall have published a list of any

inconsistencies between the redesignation and

comments and recommendations (together

with the reasons for making redesignation

against the recommendation of the FLM);

and 

(V) The commission has proposed

the redesignation after consultation with the

elected leadership of local and other substate

general purpose governments in the area covered by the proposed redesignation. 

C. Any area other than an area to

which paragraph (12)(I)1. of this rule refers

may be redesignated Class III if—

(I) The redesignation would meet

the requirements of provisions established in

accordance with subparagraph (12)(I)2.B. of

this rule;

(II) The redesignation has been

approved by the commission and the governor;

(III) The redesignation has been

approved by the governor after consultation

with the appropriate committees of the legislature if it is in session, or with the leadership

of the legislature if it is not in session; 

JASON KANDER (9/30/13) CODE OF STATE REGULATIONS 61

Secretary of State

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and

Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6
(IV) General purpose units of local

government, representing a majority of the

residents of the area to be redesignated, adopt

resolutions concurring in the redesignation; 

(V) The redesignation would not

cause or contribute to a concentration of any

air pollutant which would exceed any maximum allowable increase permitted under the

classification of any other area or any national ambient air quality standard; and 

(VI) Any permit application for any

installation or major modification subject to

provisions established in accordance with

subparagraph (12)(I)2.A. of this rule which

could receive a permit only if the area in

question were redesignated as Class III and

any material submitted as part of that application were available, insofar as was practicable, for public inspection prior to any public

hearing on redesignation of any area as Class

III. 

3. Area class designations.

Area Class Description

Class I Hercules Glade National

Wilderness Area 

Mingo National 

Wilderness Area 

Class II All areas of the state 

which are not nonattainment 

Class III No areas designated

(J) Appendix J, Air Quality Analysis for

Hazardous Air Pollutants. 

1. The director shall maintain a table of

emission threshold levels, risk assessment

levels, and screening model action levels for

hazardous air pollutants. Applicants will not

be required to submit a hazardous air pollutant air quality analysis for applications having a maximum design capacity no more than

the hazardous air pollutant emission threshold levels unless paragraph (12)(J)2. of this

rule applies.

2. Exceptions. The director may require

an air quality analysis for applications if it is

likely that the construction or modification

will result in the discharge of air contaminants in quantities, of characteristics and of a

duration which directly and proximately

cause or contribute to injury to human, plant,

or animal life or the use of property or complaints filed in the vicinity of the proposed

construction or modification warrant an air

quality analysis.

AUTHORITY: section 643.050, RSMo Supp.

2012.* Original rule filed Dec. 10, 1979,

effective April 11, 1980. Amended: Filed Nov.

10, 1980, effective April 11, 1981. Amended:

Filed Jan. 14, 1981, effective June 11, 1981.

Rescinded and readopted: Filed Nov. 10,

1981, effective May 13, 1982. Amended:

Filed June 14, 1982, effective Dec. 11, 1982.

Amended: Filed Jan. 15, 1985, effective May

11, 1985. Amended: Filed Jan. 6, 1986,

effective May 11, 1986. Amended: Filed April

2, 1987, effective Aug. 27, 1987. Amended:

Filed Jan. 5, 1988, effective April 28, 1988.

Amended: Filed June 2, 1988, effective Sept.

29, 1988. Amended: Filed Sept. 6, 1988,

effective Jan. 1, 1989. Amended: Filed Jan.

24, 1990, effective May 24, 1990. Rescinded

and readopted: Filed Sept. 2, 1993, effective

May 9, 1994. Amended: Filed Dec. 15, 1994,

effective Aug. 30, 1995. Amended: Filed Aug.

14, 1997, effective April 30, 1998. Amended:

Filed April 15, 1999, effective Nov. 30, 1999.

Amended: Filed Sept. 4, 2001, effective May

30, 2002. Amended: Filed Aug. 2, 2002,

effective April 30, 2003. Amended: Filed

March 5, 2003, effective Oct. 30, 2003.

Amended: Filed May 17, 2004, effective Dec.

30, 2004. Amended: Filed Oct. 15, 2008,

effective July 30, 2009. Emergency amendment filed Dec. 15, 2010, effective Jan. 3,

2011, expired July 1, 2011. Amended: Filed

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

Amended: Filed Jan. 31, 2012, effective Sept.

30, 2012. Amended: Filed March 13, 2013,

effective Oct. 30, 2013.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995, 2011.

10 CSR 10-6.061 Construction Permit

Exemptions

PURPOSE: This rule lists specific construction or modification projects that are not

required to obtain permits to construct under

10 CSR 10-6.060. The evidence supporting

the need for this proposed rulemaking, per

section 536.016, RSMo, is the February 20,

2002 Recommendations from the “Managing

For Results” presentation, the Air Program

Advisory Forum 2001 and 2002 Recommendations and a January 28, 2003 memorandum

to the department’s Air Pollution Control

Program recommending exemption language

changes. 

(1) Applicability. This rule shall apply to all

installations in Missouri. The provisions of

section (3) of this rule notwithstanding, 10

CSR 10-6.060 shall apply to any construction, reconstruction, alteration or modification which—

(A) Is expressly required by an operating

permit; or

(B) Is subject to federally-mandated construction permitting requirements set forth in

sections (7), (8), or (9), or any combination

of these, of 10 CSR 10-6.060.

(2) Definitions. Definitions for certain terms

specified in this rule may be found in 10 CSR

10-6.020.

(3) General Provisions. The following construction or modifications are not required to

obtain a permit under 10 CSR 10-6.060:

(A) Exempt Emission Units.

1. The following combustion equipment

is exempt from 10 CSR 10-6.060 if the equipment emits only combustion products, and

the equipment produces less than one hundred fifty (150) pounds per day of any air

contaminant:

A. Any combustion equipment using

exclusively natural gas or liquefied petroleum

gas or any combination of these with a capacity of less than ten (10) million British thermal units (Btus) per hour heat input;

B. Any combustion equipment with a

capacity of less than one (1) million Btus per

hour heat input;

C. Drying or heat treating ovens with

less than ten (10) million Btus per hour

capacity provided the oven does not emit pollutants other than the combustion products

and the oven is fired exclusively by natural

gas, liquefied petroleum gas, or any combination thereof; and

D. Any oven with a total production

of yeast leavened bakery products of less than

ten thousand (10,000) pounds per operating

day heated either electrically or exclusively

by natural gas firing with a maximum capacity of less than ten (10) million Btus per hour.

2. The following establishments, systems, equipment, and operations are exempt

from 10 CSR 10-6.060:

A. Office and commercial buildings,

where emissions result solely from space

heating by natural or liquefied petroleum gas

of less than twenty (20) million Btus per hour

heat input. Incinerators operated in conjunction with these sources are not exempt unless

the incinerator operations are exempt under

another section of this rule;

B. Comfort air conditioning or comfort ventilating systems not designed or used

to remove air contaminants generated by, or

released from, specific units of equipment;

C. Equipment used for any mode of

transportation;

D. Livestock markets and livestock

operations, including animal feeding operations and concentrated animal feeding operations as those terms are defined by 40 CFR

122.23 and all manure storage and application

systems associated with livestock markets or

livestock operations, that were constructed on

or before November 30, 2003. This exemption

includes any change, installation, construction, or reconstruction of a process, process

62 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

Secretary of State

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

Order of Rulemaking 

Compliant with 643.055 RSMo, the Missouri Air Conservation Commission has 

determined that this action is needed to have a U.S. Environmental Protection 

Agency approved State Implementation Plan. 

10 CSR 10-6.060 (amendment) Construction Permits Required, is hereby 

ADOPTED by the Missouri Air Conservation Commission this 2ih day of June, 

2013. 

----== g =l::-- ' """"," azeJ ~........".,,--=uB t:l~k ~_~_, Chairman

6.....d-~=~ +-"":'__A-- __~::~---_____,Vice Chairman 

V ~ 

____/ _____'Member 

_______________________________,Member 

______________________________,Member 

_____________________________,Member 

Jay Nixon, Governor 

Sara Parker Pauley, Director

Air Pollution Control Program

Rulemakings on Public Notice                                                    

The Missouri Department of Natural Resources filed the following proposed rulemakings with the 

secretary of state's office and comments are being accepted as noted at the end of the proposed 

rulemaking under the Notice of Public Hearing and Notice to Submit Comments heading. To submit 

comments electronically, use the links below the rule or to submit written comments see the address 

below.

10 CSR 10-6.060 (amendment) Construction Permits Required

This proposed amendment will incorporate by reference the U.S. Environmental Protection Agency's 

(EPA's) revisions to plantwide applicability limitations (PALs) for Greenhouse Gas (GHG) emissions 

finalized with Step 3 of the GHG Tailoring Rule. These revisions give facilities subject to GHG permitting 

the option of establishing PALs on a carbon dioxide equivalent basis and documents that EPA is retaining 

the current GHG permitting thresholds, ensuring that GHG permitting requirements continue to apply to 

large sources only. The rulemaking will also remove the EPA’s grandfather provision that allowed certain 

sources to use coarse particulate matter as a surrogate for fine particulate matter during the transition 

to PM2.5 permitting. This administrative change which will update the incorporation by reference date 

for the GHG PAL option will not affect any Missouri sources. Other revisions include correcting the 

definition of "regulated NSR pollutant", modifying the notification period for initial equipment start-up to 

improve tracking of new/modified equipment and testing, and clarifying de minimis permit air quality 

analysis requirements.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-5.570 (amendment) Control of Sulfur Emissions From Stationary Boilers

This proposed amendment will clarify that the brewery sulfur dioxide (SO2) emission limit applies only to 

the total SO2 emissions from applicable units within an installation and not the total SO2e missions from 

the entire brewery installation. This rulemaking will also remove definitions in this rule that can be 

found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.345 (rescission) Control of NOx Emissions From Upwind Sources 

Rulemakings on Public Notice - DNR Page 1 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 4/16/2013
This is a proposed rescission of an expired rule. Subsection (1)(C) states this rule will expire five years 

from the December 30, 2006 effective date. The five-year period ended on December 30, 2011.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.400 (amendment) Restriction of Emission of Particulate Matter From Industrial Processes

This proposed amendment will add a hierarchy of various compliance methods, providing options for 

demonstrating compliance in addition to stack tests, and clarify that this rule limits filterable particulate 

matter only. This rulemaking will also remove definitions in this rule that can be found in 10 CSR 10-

6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

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

This proposed amendment will reference the applicable year(s) for the emission fee requirement to meet

section 643.079 of the Revised Statutes of Missouri which requires emission fees to be set at least every 

three (3) years by rule. There will be no change to the fees at this time. This rulemaking also proposes 

to better reflect information required in emission reports and clarifies the types and frequency of reports

to be submitted to the department’s Air Pollution Control Program for Emissions Inventory Questionnaire 

purposes, including a revision to Table 4. This rulemaking will also remove definitions in this rule that 

can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.390 (amendment) Control of NOx Emissions From Large Stationary Internal Combustion 

Engines

This proposed amendment will correct the words “a kiln” to “an engine” found in subsection (3)(F). This 

rulemaking will also remove definitions in this rule that can be found in 10 CSR 10-6.020 Definitions and 

Common Reference Tables. 

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

Rulemakings on Public Notice - DNR Page 2 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 4/16/2013
1

Bechtel, Cheri

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

Sent: Wednesday, April 24, 2013 11:18 AM

To: Bechtel, Cheri

Subject: Courtesy Copy: Missouri DNR Air Public Notices Update

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

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (450 recipients) 

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

Below is a notice for items being presented for public hearing at the May 30, 2013 Missouri Air Conservation 

Commission meeting. If you have any questions, please contact Wendy Vit with the Air Pollution Control 

Program at (573) 526-3167 or wendy.vit@dnr.mo.gov. 

 

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will hold a public hearing on 

Thursday, May 30, 2013 beginning at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, 

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

testimony related to the following proposed action(s): 

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

 

* 10 CSR 10-5.570 (amendment) Control of Sulfur Emissions From Stationary Boilers 

 

* 10 CSR 10-6.345 (rescission) Control of NOx Emissions From Upwind Sources 

 

The above rule action will not be submitted for inclusion in the Missouri State Implementation Plan 

because the rule is not permanent and enforceable and never was intended to be part of the Missouri 

State Implementation Plan. 

 

* 10 CSR 10-6.400 (amendment) Restriction of Emission of Particulate Matter From Industrial 

Processes 

 

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

The above rule action will be submitted for inclusion in the Missouri State Implementation Plan and 

the Missouri Title V program. 
2

 

* 10 CSR 10-6.390 (amendment) Control of NOx Emissions From Large Stationary Internal 

Combustion Engines 

 

* Missouri State Implementation Plan – Section 110 Infrastructure Requirements for the 2008 Ozone 

National Ambient Air Quality Standard 

 

* Missouri State Implementation Plan – Section 110 Infrastructure Requirements for the 2010 Sulfur 

Dioxide (SO2) National Ambient Air Quality Standard 

 

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

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

otherwise noted above. 

 

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

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

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

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

 

The Department will accept written or email comments for the record until 5 p.m. on June 6, 2013. Please 

send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, 

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

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

 

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

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

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

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

secretary at the time of the public hearing. 

 

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

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

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

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

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

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

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

 

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

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

problems with the subscription service, please contact support@govdelivery.com. 

This service is provided to you at no charge by Missouri DNR. 
 Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 1

1 DEPARTMENT OF NATURAL RESOURCES

2 MISSOURI AIR CONSERVATION COMMISSION

3

4

5

6

7

8

9 Public Hearing

 1730 East Elm Street

10 Jefferson City, Missouri

 May 30, 2013

11 9 a.m.

12

13

14

Before:

15

Jack Baker, Chairman

16 Mark S. Garnett

Gary Pendergrass

17 David Zimmerman

18

19

20

Reported by:

21 Melissa Bennett

Midwest Litigation Services

22 3432 West Truman Boulevard, Suite 207

Jefferson City, MO 65109

23 (573)636-7551

24

25
 Public Hearing 5/30/2013

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MIDWEST LITIGATION SERVICES

Page 2

1 Agenda for Public Hearing

2

3

10 CSR 10-6.060 (amendment) Construction Permits

4 Required

5 10 CSR 10-5.570 (amendment) Control of Sulfur

Emissions from Stationary Boilers

6

10 CSR 10-6.345 (recission) Control of NOx Emissions

7 from Upwind Sources

8 10 CSR 10-6.400 (amendment) Restriction of Emission of

Particulate Matter from Industrial Processes

9

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

10 Emission Fees, and Process Information

11 10 CSR 10-6.390 (amendment) Control of NOx Emissions

from Large Stationary Internal Combustion Engines

12

Missouri State Implementation Plan - Section 110

13 Infrastructure Requirements:

14 2008 Ozone National Ambient Air Quality Standard

 2010 SO2 National Ambient Air Quality Standard

15

16

17

18

19

20

21

22

23

24

25
 Public Hearing 5/30/2013

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MIDWEST LITIGATION SERVICES

Page 4

1 P R O C E E D I N G S

2 (Proceedings commenced at 9:32 a.m.)

3 CHAIRMAN BAKER: I'll call the public

4 hearing to order. The hearing will come to order.

5 Let the record show that the following commissioners

6 are present: Jack Baker, Mark Garnett, Gary

7 Pendergrass, and David Zimmerman. The Air

8 Conservation Commission of the State of Missouri has

9 called this public hearing pursuant to Section

10 643.070, Revised Statutes of Missouri; EPA promulgated

11 Rule 40 CFR 51.102, for the purpose of hearing

12 testimony related to: 10 CSR 10-6.060, amendment,

13 Construction Permits Required; 10 CR -- CSR 10-5.570,

14 amendment, Control of Sulfur Emissions from Stationary

15 Boilers; 10 CSR 10-6.345, rescission, Control of NOx

16 Emissions from Upwind Sources; 10 CSR 10-6.400,

17 amendment, Restriction of Emission of Particulate

18 Matter from Industrial Processes; 10 CSR 10-6.110,

19 amendment, Reporting Emission Data, Emission Fees, and

20 Process Information; 10 CS -- 10 CSR 10-6.390,

21 amendment, Control of NOx Emissions from Large

22 Stationary Internal Combustion Engines; Missouri State

23 Implementation Plan Section 110 Infrastructure

24 Requirements, 2008 Ozone National Ambient Air Quality

25 Standard, 2010 SO2 National Ambient Air Quality
 Public Hearing 5/30/2013

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MIDWEST LITIGATION SERVICES

Page 6

1 comment on the Department of Natural Resources'

2 website at least 30 days prior to this public hearing.

3 We also published the proposed rulemakings, including

4 a notice of public hearing, in the Missouri Register

5 on April 15, 2013.

6 In addition to making the proposed

7 rulemakings available for viewing and comment, the Air

8 Program distributed the public hearing notice to

9 approximately 400 citizens, organizations,

10 corporations, associations, and elected officials.

11 Finally, we notified the Kansas City, St. Louis

12 County, and Springfield local air pollution control

13 agencies; Illinois, Kansas, and other surrounding

14 states; and the U.S. Environmental Protection Agency

15 of this public hearing.

16 Chairman, this concludes my testimony.

17 CHAIRMAN BAKER: Mr. Aaron.

18 (Aaron Basham was sworn.)

19 MR. BASHAM: Mr. Chairman, members of the

20 Commission, my name is Aaron Basham. I'm employed

21 with the Missouri Department of Natural Resources' Air

22 Pollution Control Program. I work at 1659 East Elm

23 Street in Jefferson City, Missouri.

24 I'm here to present testimony for the

25 proposed amendment to 10 CSR 10-6.060, Construction
 Public Hearing 5/30/2013

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MIDWEST LITIGATION SERVICES

Page 7

1 Permits Required. Rule information begins on page 81

2 of the briefing document.

3 The proposed rulemaking will incorporate by

4 reference the U.S. Environmental Protection Agency's

5 revisions to plant-wide applicability limitations for

6 greenhouse gas emissions finalized with Step 3 of the

7 Greenhouse Gas Tailoring Rule on July 12, 2012. These

8 revisions give facilities subject to greenhouse gas

9 permitting the option of establishing plant-wide

10 applicability limitations on a carbon dioxide

11 equivalent basis. With Step 3 of the Tailoring Rule,

12 EPA retained the current greenhouse gas permitting

13 thresholds, ensuring that greenhouse gas permitting

14 requirements continue to apply to large sources only.

15 In addition, this rulemaking will:

16 Modify the notification period for initial

17 equipment start-up to be within 30 days of the actual

18 start date in order to improve tracking of

19 new/modified equipment and testing;

20 Clarify that de minimis permit air quality

21 analysis must not exceed both the National Ambient Air

22 Quality Standards and Missouri-only ambient standards

23 set in 10 CSR 10-6.010;

24 Incorporate an EPA correction to the

25 definition of regulated new source reviewed pollutant.

AUTHORITY: section 643.050, RSMo [2000] Supp. 2012. Original

rule filed Dec. 16, 2008, effective Sept. 30, 2009. Amended: Filed

March 13, 2013.

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

9:00 a.m., May 30, 2013. 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., June 6,

2013. 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.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.060 Construction Permits Required. The commission

proposes to amend subsections (5)(D), (6)(A), (6)(E), and (8)(A). If

the commission adopts this rule action, it will be the department’s

intention to submit this rule amendment to the U.S. Environmental

Protection Agency to replace the current rule that is in the Missouri

State Implementation Plan. The evidence supporting the need for this

proposed rulemaking is available for viewing at the Missouri

Department of Natural Resources’ Air Pollution Control Program at

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

rule. More information concerning this rulemaking can be found at the

Missouri Department of Natural Resources’ Environmental

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

PURPOSE: This rule defines sources which are required to obtain

permits to construct. It establishes requirements to be met prior to

construction or modification of any of these sources. This rule also

establishes permit fees and public notice requirements for certain

sources and incorporates a means for unifying the processing of construction and operating permit issuance. The purpose of this amendment is to incorporate by reference three (3) U.S. Environmental

Protection Agency (EPA) rules that revise plantwide applicability limitations for greenhouse gases (GHGs), repeal the grandfather provision for particulate matter less than 2.5 micrometers (PM2.5) under

the prevention of significant deterioration (PSD) program, and correct the definition of regulated New Source Review (NSR) pollutant in

the NSR program. At the same time, the notification period for initial equipment start-up is being modified to improve tracking of

new/modified equipment and testing and de minimis permit air quality analysis requirements are being clarified. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is

Federal Register Notice dated July 12, 2012, finalizing step 3 of the

GHG tailoring rule; Federal Register Notice dated May 18, 2011,

repealing grandfather clause for PM2.5 under PSD program; Federal

Register Notice dated October 25, 2012, correcting regulated NSR

pollutant definition; email dated October 7, 2009, requesting rule

language correction; and Rule Comment Form dated August 10, 2010,

requesting rule language clarification.

(5) De Minimis Permits. 

(D) Air Quality Analysis Requirements.

1. An air quality analysis will not be required for applications

having a maximum design capacity emission rate of no more than the

hourly de minimis level unless paragraph (5)(D)2. of this rule

applies. For applications having a maximum design capacity emission rate greater than the hourly de minimis level, a permit will be

issued only if an air quality analysis demonstrates that the proposed

construction or modification will not [appreciably affect air quality or the air quality standards are not appreciably exceeded.]—

A. Interfere with the attainment or maintenance of

NAAQS and the air quality standards established in 10 CSR 10-

6.010; or

B. Cause or contribute to ambient air concentrations in

excess of any applicable maximum allowable increase listed in

subsection (11)(A) Table 1, of this rule, over the baseline concentration in any attainment or unclassified area.

2. Exceptions. The director may require an air quality analysis

for applications if it is likely that emissions of the proposed construction or modification will [appreciably affect air quality or

the air quality standards are being appreciably exceeded or

complaints filed in the vicinity of the proposed construction

or modification warrant an air quality analysis.]—

A. Interfere with the attainment or maintenance of

NAAQS and the air quality standards established in 10 CSR 10-

6.010;

B. Cause or contribute to ambient air concentrations in

excess of any applicable maximum allowable increase listed in

subsection (11)(A) Table 1, of this rule, over the baseline concentration in any attainment or unclassified area; or

C. Complaints filed in the vicinity of the proposed construction or modification warrant an air quality analysis.

(6) General Permit Requirements for Construction or Emissions

Increase Greater Than De Minimis Levels. 

(A) A permit shall be issued pursuant to this section only if it is

determined that the proposed source operation or installation will

not—

1. Violate any of the applicable provisions of this rule; 

2. Interfere with the attainment or maintenance of [ambient air

quality standards] NAAQS and the air quality standards established in 10 CSR 10-6.010; 

3. Cause or contribute to ambient air concentrations in excess

of any applicable maximum allowable increase listed in subsection

(11)(A) Table 1, of this rule, over the baseline concentration in any

attainment or unclassified area; 

4. Violate any applicable requirements of the Air Conservation

Law; and 

5. Cause an adverse impact on visibility in any Class I area

(those designated in paragraph (12)(I)3. of this rule). 

(E) After a permit has been granted—

1. The owner or operator subject to the provisions of this rule

shall furnish the permitting authority written notification as follows: 

A. A notification of the anticipated date of initial start-up of

the source operation or installation [not more than sixty (60)

days or less than] within thirty (30) days [prior to that date] of

actual start-up; and 

B. A notification of the actual date of initial start-up of a

source operation or installation within fifteen (15) days after that

date; 

2. A permit may be revoked if construction or modification

work is not begun within two (2) years from the date of issuance or

if work is suspended for one (1) year, and if— 

A. The delay was reasonably foreseeable by the owner or

operator at the time the permit was issued; 

Page 595 April 15, 2013

Vol. 38, No. 8 Missouri Register
B. The delay was not due to an act of God or other conditions

beyond the control of the owner or operator; or 

C. Failure to revoke the permit would be unfair to other

potential applicants; 

3. Any owner or operator who constructs, modifies, or operates

an installation not in accordance with the application submitted and

the permit issued, including any terms and conditions made a part of

the permit, or any owner or operator of an installation who commences construction or modification after May 13, 1982, without

meeting the requirements of this rule, is in violation of this rule; 

4. Approval to construct shall not relieve any owner or operator

of the responsibility to comply fully with applicable provisions of the

Air Conservation Law and rules or any other requirements under

local, state, or federal law; and 

5. The permitting authority may require monitoring of visibility in any Class I area (those designated in paragraph (12)(I)3. of this

rule) near the new installation or major modification for these purposes and by such means as the permitting authority deems necessary and appropriate. 

(8) Attainment and Unclassified Area Permits.

(A) All of the subsections of 40 CFR 52.21, other than (a) Plan

disapproval, (q) Public participation, (s) Environmental impact statements, and (u) Delegation of authority, promulgated as of July 1,

[2011] 2012, and Federal Register Notice [76 FR 43507] 77 FR

41051 promulgated [July 20, 2011] July 12, 2012, Federal

Register Notice 77 FR 65107 promulgated October 25, 2012, and

Federal Register Notice 76 FR 28646 promulgated May 18, 2011,

are hereby incorporated by reference in this rule, as published by the

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

700 Pennsylvania Avenue NW, Washington, DC 20408. This rule

does not incorporate any subsequent amendments or additions.

AUTHORITY: section 643.050, RSMo Supp. [2011] 2012. Original

rule filed Dec. 10, 1979, effective April 11, 1980. For intervening history, please consult the Code of State Regulations. Amended: Filed

March 13, 2013.

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. The private entity fiscal cost impacts for compliance with the federal standards are accounted for in the federal rulemakings.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin

at 9:00 a.m., May 30, 2013. 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. June 6,

2013. 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.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

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

Process Information. The commission proposes to amend section

(2), subsection (3)(A), and section (4). If the commission adopts

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

rule amendment to the U.S. Environmental Protection Agency to

replace the current rule that is in the Missouri State Implementation

Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural

Resources’ Air Pollution Control Program at the address listed in the

Notice of Public Hearing at the end of this rule. More information

concerning this rulemaking can be found at the Missouri Department

of Natural Resources’ Environmental Regulatory Agenda website,

www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule provides procedures for reporting emission

related information and establishing emission fees for the purpose of

state air resource planning. The purpose of this amendment is to add

a reference to applicable year(s) for set emission fees, clarify information required in emission reports, clarify types and frequency of

reports to be submitted for Emissions Inventory Questionnaire purposes, and remove definitions of terms now located in 10 CSR 10-

6.020. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is 643.079, RSMo; a Rule Comment Form

dated September 20, 2011, requesting rule language clarification; a

rule comment file note dated October 21, 2011, requesting an update

to a table term; and an email dated October 17, 2012, requesting that

control device ID be included in recordkeeping requirements.

(2) Definitions.

[(A) Air emissions reporting rule—The U.S. Environmental

Protection Agency (EPA) rule that finalized changes to emission reporting requirements in 40 CFR Part 51 (Federal

Register, December 18, 2008).

(B) Missouri Emissions Inventory System (MoEIS)—Online

interface of the state of Missouri’s air emissions inventory

database. 

(C) Particulate matter (PM)—Any material or particle,

except uncombined water, that exists in a finely divided form

as a liquid or solid and as specifically defined as follows:

1. Condensable PM (PMcon)—Material that is vapor

phase at stack conditions but which condenses and/or

reacts upon cooling and dilution in the ambient air to form

solid or liquid PM immediately after discharge from the

stack. Note that all condensable PM, if present from a

source, is typically in the PM2.5 size fraction and, therefore,

all of it is a component of both primary PM2.5 and primary

PM10;

2. Filterable PM (PMfil)—Particles that are directly emitted by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train.

Filterable PM2.5 is particulate matter with an aerodynamic

diameter equal to or less than 2.5 micrometers. Filterable

PM10 is particulate matter with an aerodynamic diameter

equal to or less than 10 micrometers; and

3. Primary PM (PMpri)—The sum of condensable and filterable PM.

(D) Point source—Large, stationary (nonmobile), identifiable source of emissions that releases pollutants into the

atmosphere. A point source is an installation that is either—

1. A major source under 40 CFR part 70 for the pollutants for which reporting is required; or

2. A holder of an intermediate operating permit.

(E) Reporting year—Twelve (12)-month calendar year ending December 31. The reporting requirement for installations

with three (3)-year reporting cycles begins with the 2011

reporting year. The subsequent reporting years will be every

three (3) years following 2011 (i.e., 2014, 2017, 2020, etc.).

Page 596 Proposed Rules

April 15, 2013

Vol. 38, No. 8
Title 6—DEPARTMENT OF HIGHER EDUCATION

Division 10—Commissioner of Higher Education

Chapter 3—Higher Educational Residency Determination

ORDER OF RULEMAKING

By the authority vested in the Commissioner of Higher Education

under section 173.005.2(7), RSMo Supp. 2012, the commissioner

amends a rule as follows:

6 CSR 10-3.010 Determination of Student Residency

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on May 15, 2013

(38 MoReg 755). No changes have been made in the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code

of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 6—DEPARTMENT OF HIGHER EDUCATION

Division 10—Commissioner of Higher Education

Chapter 10—Out-of-State Public Institutions

ORDER OF RULEMAKING

By the authority vested in the Commissioner of Higher Education

under section 173.005.2(7), RSMo Supp. 2012, the commissioner

amends a rule as follows:

6 CSR 10-10.010 Out-of-State Public Institutions is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on May 15, 2013

(38 MoReg 755–757). No changes have been made in the text of the

proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: No comments were received.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 5—Air Quality Standards and Air Pollution

Control Rules Specific to the St. Louis Metropolitan

Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission

under section 643.050, RSMo Supp. 2012, the commission amends

a rule as follows:

10 CSR 10-5.570 Control of Sulfur Emissions From Stationary

Boilers is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on April 15, 2013

(38 MoReg 593–595). No changes have been made in the text of the

proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of Natural

Resources’ Air Pollution Control Program did not receive any comments on the proposed amendment.

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. 2012, the commission amends

a rule as follows:

10 CSR 10-6.060 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on April 15, 2013

(38 MoReg 595–596). Those sections with changes are reprinted

here. This proposed amendment becomes effective thirty (30) days

after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of Natural

Resources’ Air Pollution Control Program received five (5) comments

from one (1) source: the U.S. Environmental Protection Agency

(EPA).

Orders of Rulemaking

1426

This section will contain the final text of the rules proposed

by agencies. The order of rulemaking is required to contain a citation to the legal authority upon which the order or

rulemaking is based; reference to the date and page or pages

where the notice of proposed rulemaking was published in

the Missouri Register; an explanation of any change between

the text of the rule as contained in the notice of proposed

rulemaking and the text of the rule as finally adopted, together with the reason for any such change; and the full text of

any section or subsection of the rule as adopted which has

been changed from that contained in the notice of proposed

rulemaking. The effective date of the rule shall be not less

than thirty (30) days after the date of publication of the revision to the Code of State Regulations.

The agency is also required to make a brief summary ofthe general nature and extent of comments submitted in

support of or opposition to the proposed rule and a concise

summary of the testimony presented at the hearing, if any,

held in connection with the rulemaking, together with a concise summary of the agency’s findings with respect to the

merits of any such testimony or comments which are

opposed in whole or in part to the proposed rule. The ninety-

(90-) day period during which an agency shall file its order of

rulemaking for publication in the Missouri Register begins

either: 1) after the hearing on the proposed rulemaking is

held; or 2) at the end of the time for submission of comments

to the agency. During this period, the agency shall file with

the secretary of state the order of rulemaking, either putting

the proposed rule into effect, with or without further changes,

or withdrawing the proposed rule.

September 3, 2013

Vol. 38, No. 17

MISSOURI

REGISTER
COMMENT #1: EPA suggested a language change for subparagraph

(5)(D)2.C. to improve clarity. 

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, rule text in subparagraph (5)(D)2.C. has been changed

for clarification.

COMMENT #2: EPA questioned whether subsection (6)(A) should

have an --and-- or an --or-- following paragraph (6)(A)4. when referring to the listed items.

RESPONSE AND EXPLANATION OF CHANGE: In order to issue

a permit in subsection (6)(A), no item listed in paragraphs (6)(A)1.

through (6)(A)5. can occur. As a result of this comment, additional

rule text was added to the introductory statement in subsection (6)(A)

to clarify that a permit will only be issued if the source operation or

installation does not do one (1) or more of the listed items. 

COMMENT #3: EPA commented that in subparagraph (6)(E)1.A.

the term --actual start-up-- is introduced but throughout most of the

rule the term --initial start-up-- is used and requested clarification

whether these two (2) terms are used interchangeably or if they have

different definitions.

RESPONSE AND EXPLANATION OF CHANGE: The intent of

the rule language update in subparagraph (6)(E)1.A. was to modify

the specific time period for initial start-up notification. As a result of

this comment, rule language has been revised to remove the reference

to actual start-up and refer to the actual date of initial start-up.

COMMENT #4: EPA commented that the purpose statement in the

proposed amendment includes the incorporation of the repeal for the

grandfather provisions of particulate matters less than 2.5 micrometers (PM2.5) under the Prevention of Significant Deterioration program (76 FR 28646). EPA noted that the proposed rule amendment

does not need to incorporate this federal provision because it was

already incorporated in the state rule in a previous update.

RESPONSE: It is acknowledged that the particulate matter grandfather provision repeal was published in the July 1, 2011 Code of

Federal Regulations (CFR) and was incorporated by reference in the

previous update to 10 CSR 10-6.060. No changes have been made to

the rule text as a result of this comment.

COMMENT #5: EPA commented that if the current rule amendment

is submitted for incorporation into the State Implementation Plan

(SIP), EPA will not take action to incorporate EPA’s 2007 revision of

the definition for chemical processing plants (the Ethanol Rule, 72

FR 24060, May 1, 2007) or EPA’s 2008 Fugitive Emissions Rule, 73

FR 77882 (December 19, 2008).

RESPONSE: The department’s Air Pollution Control Program does

plan to submit this rule amendment to EPA for approval into the state

implementation plan since it is consistent with the Code of Federal

Regulations. The program encourages EPA to consider taking action

on this submittal after they receive it to avoid confusion between

requirements enforceable at the state level and those enforceable at

the federal level. No changes have been made to the rule text as a

result of this comment.

10 CSR 10-6.060 Construction Permits Required

(5) De Minimis Permits. 

(D) Air Quality Analysis Requirements.

1. An air quality analysis will not be required for applications

having a maximum design capacity emission rate of no more than the

hourly de minimis level unless paragraph (5)(D)2. of this rule

applies. For applications having a maximum design capacity emission rate greater than the hourly de minimis level, a permit will be

issued only if an air quality analysis demonstrates that the proposed

construction or modification will not—

A. Interfere with the attainment or maintenance of NAAQS

and the air quality standards established in 10 CSR 10-6.010; or

B. Cause or contribute to ambient air concentrations in excess

of any applicable maximum allowable increase listed in subsection

(11)(A) Table 1, of this rule, over the baseline concentration in any

attainment or unclassified area.

2. Exceptions. The director may require an air quality analysis

for applications if it is likely that emissions of the proposed construction or modification will—

A. Interfere with the attainment or maintenance of NAAQS

and the air quality standards established in 10 CSR 10-6.010;

B. Cause or contribute to ambient air concentrations in excess

of any applicable maximum allowable increase listed in subsection

(11)(A) Table 1, of this rule, over the baseline concentration in any

attainment or unclassified area; or

C. Result in complaints filed in the vicinity of the proposed

construction or modification warrant an air quality analysis.

(6) General Permit Requirements for Construction or Emissions

Increase Greater Than De Minimis Levels.

(A) A permit shall be issued pursuant to this section only if it is

determined that the proposed source operation or installation will not

do one (1) or more of the following:

1. Violate any of the applicable provisions of this rule; 

2. Interfere with the attainment or maintenance of NAAQS and

the air quality standards established in 10 CSR 10-6.010; 

3. Cause or contribute to ambient air concentrations in excess of

any applicable maximum allowable increase listed in subsection

(11)(A) Table 1, of this rule, over the baseline concentration in any

attainment or unclassified area; 

4. Violate any applicable requirements of the Air Conservation

Law; and 

5. Cause an adverse impact on visibility in any Class I area

(those designated in paragraph (12)(I)3. of this rule). 

(E) After a permit has been granted—

1. The owner or operator subject to the provisions of this rule

shall furnish the permitting authority written notification as follows: 

A. A notification of the anticipated date of initial start-up of

the source operation or installation within thirty (30) days of the actual date of initial start-up; and

B. A notification of the actual date of initial start-up of a

source operation or installation within fifteen (15) days after that

date; 

2. A permit may be revoked if construction or modification

work is not begun within two (2) years from the date of issuance or

if work is suspended for one (1) year, and if— 

A. The delay was reasonably foreseeable by the owner or

operator at the time the permit was issued; 

B. The delay was not due to an act of God or other conditions

beyond the control of the owner or operator; or 

C. Failure to revoke the permit would be unfair to other

potential applicants; 

3. Any owner or operator who constructs, modifies, or operates

an installation not in accordance with the application submitted and

the permit issued, including any terms and conditions made a part of

the permit, or any owner or operator of an installation who commences construction or modification after May 13, 1982, without

meeting the requirements of this rule, is in violation of this rule; 

4. Approval to construct shall not relieve any owner or operator

of the responsibility to comply fully with applicable provisions of the

Air Conservation Law and rules or any other requirements under

local, state, or federal law; and 

5. The permitting authority may require monitoring of visibility

in any Class I area (those designated in paragraph (12)(I)3. of this

rule) near the new installation or major modification for these purposes and by such means as the permitting authority deems necessary

and appropriate. 

Page 1427 September 3, 2013

Vol. 38, No. 17 Missouri Register
10 CSR 10-6.060 Construction Permits Required 

(1) Applicability. 

 (A) Definitions. Definitions of certain terms used in 

this rule may be found in paragraph (b) of 40 CFR 52.21 which is 

incorporated by reference in subsection (8)(A) of this rule, 

except that— 

 1. Any provisions of 40 CFR 52.21(b) that are stayed 

shall not apply; 

 2. Solely for the purposes of paragraph (1)(A)2. and 

section (7) of this rule, the following definitions shall be 

used in place of the definitions of the same terms specified 

elsewhere in this subsection: 

 A. Major stationary source is defined in 40 CFR 

51.165(a)(1)(iv), promulgated as of July 1, 2011, and hereby 

incorporated by reference in this rule, as published by the 

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

Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This 

rule does not incorporate any subsequent amendments or 

additions. The term major, as used in this definition, shall be 

major for the nonattainment pollutant; 

 B. Major modification is defined in 40 CFR 

51.165(a)(1)(v), promulgated as of July 1, 2011, and hereby 

incorporated by reference in this rule, as published by the 

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

Records, 700 Pennsylvania Avenue NW, Washington, DC 20408, 

except that any incorporated provisions that are stayed shall 

not apply. This rule does not incorporate any subsequent 

amendments or additions. The term major, as used in this 

definition, shall be major for the nonattainment pollutant; 

 C. Net emissions increase is defined in 40 CFR 

51.165(a)(1)(vi), promulgated as of July 1, 2011, and hereby 

incorporated by reference in this rule, as published by the 

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

Records, 700 Pennsylvania Avenue NW, Washington, DC 20408, 

except that the term paragraph (a)(1)(xii)(B) shall be 40 CFR 

52.21(b)(21)(ii). This rule does not incorporate any subsequent 

amendments or additions; and 
10 CSR 10-6.060 

2 

 D. Significant is defined in 40 CFR 

51.165(a)(1)(x), promulgated as of July 1, 2011, and hereby 

incorporated by reference in this rule, as published by the 

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

Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This 

rule does not incorporate any subsequent amendments or 

additions; 

 3. Solely for the purposes of section (9) of this 

rule, the following definitions shall be used in addition to 

definitions specified elsewhere in this subsection: 

 A. Construct a major source— 

 (I) Fabricate, erect, or install, at any 

greenfield site, a stationary source or group of stationary 

sources which is located within a contiguous area and under 

common control and which emits or has the potential to emit ten 

(10) tons per year of any hazardous air pollutant (HAP) or 

twenty-five (25) tons per year of any combination of HAPs; or 

 (II) Fabricate, erect, or install, at any 

developed site, a new process or production unit which in and of 

itself emits or has the potential to emit ten (10) tons per year 

of any HAP or twenty-five (25) tons per year of any combination 

of HAPs; 

 B. Greenfield site—A contiguous area under common 

control that is an undeveloped site; 

 C. Process or production—Any collection of 

structures and/or equipment, that processes, assembles, applies, 

or otherwise uses material inputs to produce or store an 

intermediate or final product. A single facility may contain 

more than one (1) process or production unit; 

 D. Reconstruct a major source—Replace components 

at an existing process or production unit where the replacement 

of components in and of itself emits or has the potential to 

emit ten (10) tons per year of any HAP or twenty-five (25) tons 

per year of any combination of HAPs, whenever— 

 (I) The fixed capital cost of the new 

components exceeds fifty percent (50%) of the fixed capital cost 

that would be required to construct a comparable process or 

production unit; and 
10 CSR 10-6.060 

3 

 (II) It is technically and economically 

feasible for the reconstructed major source to meet the 

applicable maximum achievable control technology emission 

limitation for new sources established under this section; 

 E. Research and development activities—Activities 

conducted at a research or laboratory facility whose primary 

purpose is to conduct research and development into new 

processes and products, where such source is operated under the 

close supervision of technically-trained personnel and is not 

engaged in the manufacture of products for sale or exchange for 

commercial profit, except in a de minimis manner; 

 F. Similar source—A stationary source or process 

that has comparable emissions and is structurally similar in 

design and capacity to a constructed or reconstructed major 

source such that the source could be controlled using the same 

control technology; and 

 G. Definitions for certain terms, other than 

those defined in subparagraphs (1)(A)3.A. through F. of this 

rule, may be found in 40 CFR 63.41, promulgated as of July 1, 

2011, and hereby incorporated by reference in this rule, as 

published by the Office of the Federal Register, U.S. National 

Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 

20408. This rule does not incorporate any subsequent amendments 

or additions; 

 4. Nonattainment pollutant—Each and every pollutant 

for which the location of the source is in an area designated to 

be in nonattainment of a National Ambient Air Quality Standard 

(NAAQS) under section 107(d)(1)(A)(i) of the Act. Any 

constituent or precursor of a nonattainment pollutant shall be a 

nonattainment pollutant, provided that the constituent or 

precursor pollutant may only be regulated under this rule as 

part of regulation of the corresponding NAAQS pollutant. Both 

volatile organic compounds (VOC) and nitrogen oxides (NOx) shall 

be nonattainment pollutants for a source located in an area 

designated nonattainment for ozone; 

 5. The provisions of subsection (8)(B) of this rule 

regarding the term administrator shall apply; and 

 6. Definitions for certain terms used in this rule, 

other than those defined elsewhere in this subsection, may be 

found in 10 CSR 10-6.020. 
10 CSR 10-6.060 

4 

 (B) Covered Installations/Changes. This rule shall apply 

to installations throughout Missouri with the potential to emit 

any pollutant in an amount equal to or greater than the de 

minimis levels. This rule also shall apply to changes at 

installations which emit less than the de minimis levels where 

the construction or modification itself would be subject to 

section (6), (7), (8), or (9) of this rule. This rule shall 

apply to all incinerators, unless permitted under rule 10 CSR 

10-6.062. 

 (C) Construction/Operation Prohibited. No owner or 

operator shall commence construction or modification of any 

installation subject to this rule, begin operation after that 

construction or modification, or begin operation of any 

installation which has been shut down longer than five (5) years 

without first obtaining a permit from the permitting authority 

under this rule. For sources not subject to review under 

sections (7), (8), or (9) of this rule, construction may be 

commenced if authorized by the director. A request for 

authorization must include: a signed waiver of any state 

liability; a complete list of the activities to be undertaken; 

and, the applicant’s full acceptance and knowledge of all 

liability associated with the possibility of denial of the 

permit application. A request will not be granted unless an 

application for permit approval under this rule has been filed. 

The waiver is not available to sources seeking federally 

enforceable permit restrictions to avoid review under sections 

(7)–(9) of this rule. 

 (D) Exempt Emissions Units. This rule does not apply to 

the construction or modification of installations that are 

exempted or excluded by 10 CSR 10-6.061 or are permitted under 

rule 10 CSR 10-6.062. [The Federally-approved SIP continues to 

include the following exemption as cited at 10 CSR 10-6.060 

(1)(D)1.D. effective April 30, 2003, “Livestock and livestock 

handling systems from which the only potential contaminant is 

odorous gas.”] 

(2) Unified Review. When the construction or modification and 

operation of any installation requires a construction permit 

under this rule, and an operating permit or its amendment, under 

10 CSR 10-6.065, the installation shall receive a unified 

construction and operating permit, or its amendment, and a 

unified review, hearing and approval process, unless the 

applicant requests in writing that the application for a 

construction and operating permit, or its amendment, be reviewed 

separately. Under this unified review process, the applicant 
10 CSR 10-6.060 

5 

shall submit all the applications, forms, and other information 

required by the permitting authority. 

 (A) Review of Applications. The permitting authority shall 

complete any unified review within one hundred eighty-four (184) 

days, as provided under the procedures of this rule and 10 CSR 

10-6.065 Operating Permits Required. 

 (B) Issuance of Permits. As soon as the unified review 

process is completed, if the applicant complies with all 

applicable requirements under this rule and 10 CSR 10-6.065, the 

construction permit and the operating permit, or its amendment, 

shall be issued to the applicant and the applicant may commence 

construction. The operating permit shall be retained by the 

permitting authority until validated pursuant to this section. 

 (C) Validation of Operating Permits. Within one hundred 

and eighty (180) days after commencing operation, the holder of 

an operating permit, or its amendment, issued by the unified 

review process shall submit to the permitting authority all 

information required by the permitting authority to demonstrate 

compliance with the terms and conditions of the issued operating 

permit, or its amendment. The permittee shall also provide 

information identifying any applicable requirements which became 

applicable subsequent to issuance of the operating permit. 

Within thirty (30) days after the applicant’s request for 

validation, the permitting authority will take action denying or 

approving validation of the issued operating permit, or its 

amendment. If the permittee demonstrates compliance with both 

the construction and operating permits, or its amendment, the 

permitting authority shall validate the operating permit, or its 

amendment, and forward it to the permittee. No part 70 permit 

will be validated unless— 

 1. At the time of validation, the permitting 

authority certifies that the issued permit contains all 

applicable requirements; or 

 2. The procedures for permit renewal in 10 CSR 10-

6.065(6)(E)3. have occurred prior to validation to insure the 

inclusion of any new applicable requirements to which the part 

70 permit is subject. 

 

(3) Temporary Installations and Pilot Plants Permits. The 

permitting authority may exempt temporary installations and 

pilot plants having a potential to emit under one hundred (100) 

tons per year of each pollutant from any of the requirements of 
10 CSR 10-6.060 

6 

this rule, provided that these exemptions are requested in 

writing prior to the start of construction. These exemptions 

shall be granted only when the attainment or maintenance of 

ambient air quality standards is not threatened, when there will 

be no significant impact on any Class I area, and when the 

imposition of requirements of this rule would be unreasonable. 

(4) Portable Equipment Permits. Portable equipment must meet 

the following criteria: 

 (A) The potential to emit is less than one hundred (100) 

tons per year of any air pollutant; 

 (B) The equipment was permitted previously under either 

section (5), (6), (7), or (8) of this rule and the previous 

permit is still valid; 

 (C) The equipment is operated and maintained in a manner 

identical to that specified in the currently valid permit; and 

 (D) The following conditions must be met when permitted 

portable equipment is to be operated at a different location: 

 1. When the owner or operator wishes to operate the 

portable equipment at a new location not previously permitted or 

at a location where other sources (either permanent or portable) 

are operating, the owner or operator shall submit to the 

permitting authority a Portable Source Relocation Request, 

property boundary plot plan and the equipment layout for the 

site. A relocation request is subject to the fees and the time 

frames specified in this rule, except for the permit filing fee. 

The relocation request will be approved if it is determined that 

there will be no significant impact on any Class I area or an 

area where air quality increments have been consumed. The 

permitting authority shall make the final determination and, if 

appropriate, approve the relocation request no later than 

twenty-one (21) calendar days after receipt of the complete 

Portable Source Relocation Request; 

 2. When the owner or operator wishes to relocate the 

portable equipment to a site that is listed on the permit or on 

the amended permit (provided other sources are not approved to 

operate at the same location), the owner or operator shall 

report the move to the permitting authority on a Portable Source 

Relocation Request for authorization to operate in the new 

locale as soon as possible, but not later than seven (7) 

calendar days prior to ground breaking or initial equipment 
10 CSR 10-6.060 

7 

erection. No fees are associated with this authorization. 

Authorization will be presumed if notification of denial is not 

received by the specified ground breaking or equipment erection 

date; and 

 3. The equipment shall be operated at each new 

location no more than twenty-four (24) consecutive months 

without an intervening relocation. 

(5) De Minimis Permits. 

 (A) Any construction or modification at an installation 

subject to this rule which results in a net emissions increase 

below the de minimis levels shall be exempt from further 

requirements of this rule if the owner or operator of the source 

applies for, and the permitting authority issues, a de minimis

permit for that installation. 

 (B) This de minimis permit shall be issued and in effect 

only if all of the following conditions are met: 

 1. The permitting authority is notified in writing 

of the proposed construction prior to the commencement of 

construction; 

 2. Information is submitted to the permitting 

authority which is sufficient for the permitting authority to 

verify the annual emission rate, to verify that no applicable 

emission control rules will be violated, and to verify that the 

net emission increase of the installation is below the de 

minimis levels; 

 3. Net emissions do not increase above the de 

minimis levels at an installation having a de minimis permit 

under this section. If net emissions at the installation do 

increase above the de minimis levels, the installation shall be 

in violation of this rule until it obtains a permit under the 

other applicable requirements of this rule; and 

 4. All permit fees are paid. 

 (C) In order to eliminate the necessity for a large number 

of de minimis permit applications from a single installation, a 

special case de minimis permit may be developed for those batchtype production processes which frequently change products and 

component source operations. Operating in violation of the 
10 CSR 10-6.060 

8 

conditions of a special case de minimis permit shall be a 

violation of this rule. 

 (D) Air Quality Analysis Requirements. 

 1. An air quality analysis will not be required for 

applications having a maximum design capacity emission rate of 

no more than the hourly de minimis level unless paragraph 

(5)(D)2. of this rule applies. For applications having a maximum 

design capacity emission rate greater than the hourly de minimis

level, a permit will be issued only if an air quality analysis 

demonstrates that the proposed construction or modification will 

not [appreciably affect air quality or the air quality standards 

are not appreciably exceeded.] — 

 A. Interfere with the attainment or maintenance 

of NAAQS and the air quality standards established in 10 CSR 10-

6.010; or 

 B. Cause or contribute to ambient air 

concentrations in excess of any applicable maximum allowable 

increase listed in subsection (11)(A) Table 1, of this rule, 

over the baseline concentration in any attainment or 

unclassified area.

 2. Exceptions. The director may require an air 

quality analysis for applications if it is likely that emissions 

of the proposed construction or modification will [appreciably 

affect air quality or the air quality standards are being 

appreciably exceeded or complaints filed in the vicinity of the 

proposed construction or modification warrant an air quality 

analysis.]— 

 A. Interfere with the attainment or maintenance 

of NAAQS and the air quality standards established in 10 CSR 10-

6.010; 

 B. Cause or contribute to ambient air 

concentrations in excess of any applicable maximum allowable 

increase listed in subsection (11)(A) Table 1, of this rule, 

over the baseline concentration in any attainment or 

unclassified area; or 
10 CSR 10-6.060 

9 

 C. Result in complaints filed in the vicinity 

of the proposed construction or modification warrant an air 

quality analysis.

(6) General Permit Requirements for Construction or Emissions 

Increase Greater Than De Minimis Levels. 

 (A) A permit shall be issued pursuant to this section only 

if it is determined that the proposed source operation or 

installation will not do one (1) or more of the following [—]:

 1. Violate any of the applicable provisions of this 

rule; 

 2. Interfere with the attainment or maintenance of 

[ambient air quality standards] NAAQS and the air quality 

standards established in 10 CSR 10-6.010; 

 3. Cause or contribute to ambient air concentrations 

in excess of any applicable maximum allowable increase listed in 

subsection (11)(A) Table 1, of this rule, over the baseline 

concentration in any attainment or unclassified area; 

 4. Violate any applicable requirements of the Air 

Conservation Law; and 

 5. Cause an adverse impact on visibility in any 

Class I area (those designated in paragraph (12)(I)3. of this 

rule). 

 (B) In order for the permitting authority to make this 

determination, each applicant shall— 

 1. Complete and submit application forms supplied by 

the permitting authority. These forms shall consist of an 

Application for Authority to Construct and an Emissions 

Information for Construction Permit Application. Both forms 

shall be completed so that all information necessary for 

processing the permit is supplied; 

 2. Send to the permitting authority as part of the 

application: site information; plans; descriptions; 

specifications; and drawings showing the design of the 

installation, the nature and amount of emissions of each 

pollutant, and the manner in which it will be operated and 

controlled; 
10 CSR 10-6.060 

10 

 3. Supply ambient air quality modeling data for the 

pollutant to determine the air quality impact of the 

installation on the applications with the potential to emit 

fifty (50) tons per year or more of particulate matter or sulfur 

dioxide. The modeling techniques to be used are as specified in 

the most recent version of the Environmental Protection Agency’s 

(EPA) Guideline on Air Quality Models (EPA 450/2-78-027R), 

including supplements at the time of application, or another 

model which the permitting authority deems accurate. Temporary 

installations and portable equipment shall be exempt from this 

requirement provided that the source shall apply best available 

control technology (BACT) for each pollutant emitted in a 

significant amount; 

 4. Furnish any additional information, plans, 

specifications, evidence, documentation, modeling, or monitoring 

data that the permitting authority may require to complete 

review under this rule; and 

 5. Submit fees for the filing and processing of 

their permit application. The amount of the fee will be 

determined from section (10) of this rule. 

 (C) The review of each permit application will follow the 

procedures of subsection (12)(A), Appendix A of this rule and, 

when applicable, subsection (12)(B), Appendix B of this rule. 

 (D) Special Considerations for Stack Heights and 

Dispersion Techniques. 

 1. The degree of emission limitation required for 

control of any air pollutant under this rule shall not be 

affected in any manner by— 

 A. That amount of the stack height of any 

installation which exceeds good engineering practice (GEP) stack 

height; or 

 B. Any other dispersion technique. 

 2. Paragraph (6)(D)1. of this rule shall not apply 

to stack heights on which construction commenced on or before 

December 31, 1970, or to dispersion techniques implemented on or 

before December 31, 1970. 

 3. Before the permitting authority issues a permit 

under this rule based on stack heights that exceed GEP, the 
10 CSR 10-6.060 

11 

permitting authority must notify the public of the availability 

of the demonstration study and must provide opportunity for a 

public hearing on it. 

 4. This paragraph does not require that actual stack 

height or the use of any dispersion technique be restricted in 

any manner. 

 (E) After a permit has been granted— 

 1. The owner or operator subject to the provisions 

of this rule shall furnish the permitting authority written 

notification as follows: 

 A. A notification of the anticipated date of 

initial start-up of the source operation or installation [not 

more than sixty (60) days or less than] within thirty (30) days 

[prior to that date] of the actual date of initial start-up; and 

 B. A notification of the actual date of initial 

start-up of a source operation or installation within fifteen 

(15) days after that date; 

 2. A permit may be revoked if construction or 

modification work is not begun within two (2) years from the 

date of issuance or if work is suspended for one (1) year, and 

if— 

 A. The delay was reasonably foreseeable by the 

owner or operator at the time the permit was issued; 

 B. The delay was not due to an act of God or 

other conditions beyond the control of the owner or operator; or 

 C. Failure to revoke the permit would be unfair 

to other potential applicants; 

 3. Any owner or operator who constructs, modifies, 

or operates an installation not in accordance with the 

application submitted and the permit issued, including any terms 

and conditions made a part of the permit, or any owner or 

operator of an installation who commences construction or 

modification after May 13, 1982, without meeting the 

requirements of this rule, is in violation of this rule; 

 4. Approval to construct shall not relieve any owner 

or operator of the responsibility to comply fully with 
10 CSR 10-6.060 

12 

applicable provisions of the Air Conservation Law and rules or 

any other requirements under local, state, or federal law; and 

 5. The permitting authority may require monitoring 

of visibility in any Class I area (those designated in paragraph 

(12)(I)3. of this rule) near the new installation or major 

modification for these purposes and by such means as the 

permitting authority deems necessary and appropriate. 

(7) Nonattainment Area Permits. This section applies to the 

construction of any new major stationary source or any project 

at an existing major stationary source in an area designated as 

nonattainment. 

 (A) Applicability Procedures. The provisions of this 

subsection are used to determine, prior to beginning actual 

construction, if a project at an existing major stationary 

source is a major modification and thus subject to the permit 

application and review requirements of subsection (7)(B) of this 

rule. 

 1. Except for sources with a Plantwide Applicability 

Limit (PAL), which shall comply with subsection (7)(C) of this 

rule, and in accordance with the definition of the term major 

modification contained in subsection (1)(A) of this rule, a 

project is a major modification if it causes two (2) types of 

emissions increases for the nonattainment pollutant — a 

significant emissions increase and a significant net emissions 

increase. The project is not a major modification if it does not 

cause a significant emissions increase. If the project causes a 

significant emissions increase, then the project is a major 

modification only if it also results in a significant net 

emissions increase. 

 2. The emissions increase from the project is 

determined by taking the sum of the emissions increases from 

each emissions unit affected by the project. An emissions unit 

is considered to be affected by the project if an emissions 

increase from the unit would occur as a result of the project, 

regardless of whether a physical change or change in the method 

of operation will occur at the particular emissions unit. 

 3. For each existing emissions unit affected by the 

project, the emissions increase is determined by taking the 

difference between the projected actual emissions for the 

completed project and the baseline actual emissions. In 

accordance with the definition of the term projected actual 

emissions found in 40 CFR 52.21 as referred to in subsection 
10 CSR 10-6.060 

13 

(1)(A) of this rule, the owner or operator of the major 

stationary source may elect to use the existing emission unit’s 

potential to emit in lieu of the projected actual emissions for 

this calculation. 

 4. For each new emissions unit affected by the 

project, the emissions increase is equal to the potential to 

emit. 

 5. The procedure for calculating the net emissions 

increase (the significance of which is the second criterion for 

determining if a project is a major modification) is contained 

in the definition of the term net emissions increase found in 

subsection (1)(A) of this rule.

 6. The provisions of subsection (7)(B) of this rule 

do not apply to a source or modification that would be a major 

stationary source or major modification only if fugitive 

emissions to the extent quantifiable are considered in 

calculating the potential to emit of the stationary source or 

modification and the source does not belong to one (1) of the 

source categories listed in items (i)(1)(vii)(a)–(aa) of 40 CFR 

52.21 which is incorporated by reference in subsection (8)(A) of 

this rule. 

 (B) Permit Requirements. A permit shall not be issued, for 

the construction of a new major stationary source for the 

nonattainment pollutants, or for a major modification for the 

nonattainment pollutant of an existing major stationary source, 

unless the following requirements, in addition to section (6) of 

this rule, are met: 

 1. By the time the source is to commence operation, 

sufficient emissions offsets shall be obtained as required to 

ensure reasonable further progress toward attainment of the 

applicable national ambient air quality standard and consistent 

with the requirements of Section 173(a)(1)(A) of the Clean Air 

Act and paragraphs 40 CFR 51.165(a)(3) and (9); 

 2. In the case of a new or modified installation 

which is located in a zone (within the nonattainment area) 

identified by the administrator, in consultation with the 

Secretary of Housing and Urban Development, as a zone to which 

economic development should be targeted, emissions of that 

pollutant resulting from the proposed new or modified 

installation will not cause or contribute to emissions levels 
10 CSR 10-6.060 

14 

which exceed the allowance permitted for that pollutant for that 

zone from new or modified installations; 

 3. Offsets have been obtained in accordance with 

paragraph (7)(B)1. and with the offset and banking procedures in 

10 CSR 10-6.410; 

 4. The administrator has not determined that the 

state implementation plan is not being adequately implemented 

for the nonattainment area in which the proposed source is to be 

constructed or modified; 

 5. Temporary installation and portable sources shall 

be exempt from this section provided that the source applies 

BACT for each pollutant emitted in a significant amount; 

 6. The applicant must provide documentation 

establishing that all installations in Missouri, which are owned 

or operated by the applicant, (or by any entity controlling, 

controlled by, or under common control with the applicant) are 

subject to emission limitations and are in compliance, or are on 

a schedule for compliance, with all applicable requirements; 

 7. Permit applications shall include a control 

technology evaluation to demonstrate that any new major 

stationary source or major modification will meet the lowest 

achievable emission rate (LAER) for all new or modified emission 

units, unless otherwise provided in this section; 

 8. Any new major stationary source or major 

modification to be constructed in an area designated 

nonattainment shall comply with LAER as determined by the 

director and set forth in the construction permit pursuant to 

this section, except where otherwise provided in this section; 

 9. The applicant must provide an alternate site 

analysis; and 

 10. The applicant shall provide an analysis of 

impairment to visibility in any Class I area (those designated 

in subsection (12)(I) of this rule) that would occur as a result 

of the installation or major modification and as a result of the 

general, commercial, residential, industrial, and other growth 

associated with the installation or major modification. 

 (C) Plantwide Applicability Limits (PALs). The provisions 

of subsection (aa) of 40 CFR 52.21, which is incorporated by 
10 CSR 10-6.060 

15 

reference in subsection (8)(A) of this rule, shall govern PALs 

of the nonattainment pollutant for projects at existing major 

stationary sources in an area designated nonattainment, except 

that— 

 1. The term Administrator shall be the director of 

the Missouri Department of Natural Resources’ Air Pollution 

Control Program; 

 2. The term BACT or LAER and the term BACT shall 

both be LAER for the nonattainment pollutant; 

 3. The term PSD program, as it appears in 40 CFR 

52.21(aa)(1)(ii)(b), and the term major NSR program, as it 

appears in 52.21(aa)(1)(ii)(c), both shall be Nonattainment Area 

Permit program of this section; and 

 4. The director shall not allow a PAL for VOC or NOx

for any existing major stationary source located in an extreme 

ozone nonattainment area. 

 (D) Reporting and Record Keeping. This subsection applies 

to projects at existing major stationary sources, without a PAL, 

which are exempt from the permit requirements of subsection 

(7)(B) of this rule as a result of the applicability 

determination made in subsection (7)(A) of this rule. The owner 

or operator of such sources shall comply, in regards to the 

nonattainment pollutant, with the provisions of paragraph (r)(6) 

of 40 CFR 52.21, which is incorporated by reference in 

subsection (8)(A) of this rule, except that the term 

Administrator shall be the director of the Missouri Department 

of Natural Resources’ Air Pollution Control Program. 

 (E) Any construction or modification that will impact a 

federal Class I area shall be subject to the provisions of 

subsection (12)(H) of this rule. 

 (F) All permit applications subject to subsection (7)(B) 

of this rule are subject to the public participation 

requirements in subsection (12)(B) of this rule. 

 (G) The director of the Missouri Department of Natural 

Resources’ Air Pollution Control Program shall transmit to the 

administrator of the U.S. Environmental Protection Agency a copy 

of each permit application filed under section (7) of this rule 

and shall notify the administrator of each significant action 

taken on the application. 
10 CSR 10-6.060 

16 

(8) Attainment and Unclassified Area Permits. 

 (A) All of the subsections of 40 CFR 52.21, other than (a) 

Plan disapproval, (q) Public participation, (s) Environmental 

impact statements, and (u) Delegation of authority, promulgated 

as of July 1, [2011] 2012, and Federal Register Notice [76 FR 

43507] 77 FR 41051 promulgated [July 20, 2011] July 12, 2012, 

Federal Register Notice 77 FR 65107 promulgated October 25, 

2012, and Federal Register Notice 76 FR 28646 promulgated May 

18, 2011, are hereby incorporated by reference in this rule, as 

published by the Office of the Federal Register, U.S. National 

Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 

20408. This rule does not incorporate any subsequent amendments 

or additions. 

 (B) Administrator as it appears in 40 CFR 52.21 shall 

refer to the director of the Missouri Department of Natural 

Resources’ Air Pollution Control Program except in the 

following, where it shall continue to refer to the administrator 

of the U.S. Environmental Protection Agency: 

 1. (b)(17) Federally enforceable; 

 2. (b)(37)(i) Repowering; 

 3. (b)(43) Prevention of Significant Deterioration 

(PSD) program; 

 4. (b)(48)(ii)(c); 

 5. (b)(50) Regulated NSR pollutant; 

 6. (b)(51) Reviewing authority; 

 7. (g) Redesignation; 

 8. (l) Air quality models; 

 9. (p)(2) Federal Land Manager; and 

 10. (t) Disputed permits or redesignations. 

 (C) All permit applications subject to section (8) of this 

rule are subject to the public participation requirements in 

subsection (12)(B) of this rule. 
10 CSR 10-6.060 

17 

 (D) The director of the Missouri Department of Natural 

Resources’ Air Pollution Control Program shall transmit to the 

administrator of the U.S. Environmental Protection Agency a copy 

of each permit application filed under section (8) of this rule 

and shall notify the administrator of each significant action 

taken on the application. 

 (E) Applicants must obtain emission reductions, obtained 

through binding agreement prior to commencing operations and 

subject to 10 CSR 10-6.410, equal to and of a comparable air 

quality impact to the new or increased emissions in the 

following circumstances when the: 

 1. Area has no increment available; or 

 2. Proposal will consume more increment than is 

available. 

[Section (9) is not SIP approved.] 

(10) Permit Amendments and Fees. 

 (A) Permit Fees. 

 1. All installations or source operations requiring 

permits under this rule shall make application to the permitting 

authority and submit the application with a permit filing fee of 

one hundred dollars ($100). Failure to submit the permit filing 

fee constitutes an incomplete permit application according to 

paragraph (12)(A)2. of this rule. 

 2. Upon the determination that a complete 

application for a permit or a permit amendment has been 

received, a fee for permit processing in the amount of fifty 

dollars ($50) per hour of actual staff time will begin to 

accrue. In lieu of the fifty-dollar ($50) per-hour review fee, 

for projects subject to review under paragraph (4)(D)1. of this 

rule, a fee of two hundred dollars ($200) shall be submitted by 

the applicant. 

 3. The applicant shall submit fees for the 

processing of the permit application within ninety (90) calendar 

days of the final review determination, whether the permit is 

approved, denied, withdrawn, or not needed. After the ninety 

(90) calendar days, the unpaid processing fees shall have 

interest imposed upon the unpaid amount at the rate of ten 

percent (10%) per annum from the date of billing until payment 
10 CSR 10-6.060 

18 

is made. Failure to submit the processing fees after the ninety 

(90) calendar days will result in the permit being denied 

(revoked for portable installation location amendments) and the 

rejection of any future permit applications by the same 

applicant until the processing fee plus interest have been paid. 

 4. In addition to permit filing and processing fees, 

the applicant shall pay for any publication of notice required 

and shall pay for the original and one (1) copy of the 

transcript, to be filed with the permitting authority, of any 

hearing required under this rule. No permit shall be issued 

until all publication and transcript costs have been paid. 

 5. Partially processed permits that are withdrawn 

after submittal shall be charged at the same processing fee rate 

in paragraph (10)(A)2. of this rule for the time spent 

processing the application. 

 6. The commission may reduce the permit processing 

fee or exempt any person from payment of the fee upon an appeal 

filed with the commission stating and documenting that the fee 

will create an unreasonable economic hardship upon the person. 

 7. Any person who obtains a valid permit from a city 

or county holding a certificate of authority granted by the 

commission under section 643.140, RSMo, shall be deemed to have 

met the fee requirements of this section for that permit. 

 (B) Amending a Final Permit. 

 1. No changes in the proposed installation or 

modification may be made which would change any information in a 

finalized permit, except in accordance with this subsection. 

 2. If the applicant desires to make the change, the 

applicant shall submit in writing a request to the permitting 

authority that the permit be amended. 

 3. If the requested change will result in increased 

emissions, air quality impact or increment consumption, and is 

submitted after the final notice of permit processing fee due, a 

new permit application is required for the requested change. The 

new application, to the maximum extent possible, should 

reference those portions of the original application that are 

unchanged. This new submittal will be subject to all 

requirements of this rule. The accrued permit processing fee 

from the original application must be submitted to the 
10 CSR 10-6.060 

19 

permitting authority before the new permit application can be 

accepted. 

 4. If the requested change will not result in 

increased emissions, air quality impact, or increment 

consumption, the original permit application shall be amended 

and the permit shall be modified pursuant to the amended 

application within thirty (30) calendar days of receipt of the 

written request. The fee for this type of change will be subject 

to the requirements of subsection (10)(A), except paragraph 

(10)(A)1., of this rule. 

 (11) Tables. 

(A) Table—1 Ambient Air Increment Table. 

Pollutant Maximum Allowable Increase

Class I Areas 

Particulate Matter 2.5 Micron: 

 Annual arithmetic mean 1 

 24-hour maximum 2 

Particulate Matter 10 Micron: 

 Annual arithmetic mean 4 

 24-hour maximum 8 

Sulfur Dioxide: 

 Annual arithmetic mean 2 

 24-hour maximum 5 

 3-hour maximum 25 

Nitrogen Dioxide: 

 Annual arithmetic mean 2.5 

Class II Areas 

Particulate Matter 2.5 Micron: 

 Annual arithmetic mean 4 

 24-hour maximum 9 

Particulate Matter 10 Micron: 

 Annual arithmetic mean 17 

 24-hour maximum 30 

Sulfur Dioxide: 

 Annual arithmetic mean 20 

 24-hour maximum 91 

 3-hour maximum 512 

Nitrogen Dioxide: 

 Annual arithmetic mean 25 

Class III Areas 

Particulate Matter 2.5 Micron: 

 Annual arithmetic mean 8 

 24-hour maximum 18 
10 CSR 10-6.060 

20 

Particulate Matter 10 Micron: 

 Annual arithmetic mean 34 

24-hour maximum 60 

Sulfur Dioxide: 

 Annual arithmetic mean 40 

 24-hour maximum 182 

 3-hour maximum 700 

Nitrogen Dioxide: 

 Annual arithmetic mean 50 

 

Notes: 

1. All increases in micrograms per cubic meter. For any period 

other than an annual period, the applicable maximum allowable 

increase may be exceeded during one (1) period once per year at 

any one (1) location. 

2. There are two (2) Class I Areas in Missouri—one (1) in Taney 

County (Hercules Glade) and one (1) in Wayne and Stoddard 

Counties (Mingo Refuge). 

3. There are no Class III Areas in Missouri at this time. 

 (B) Table 2—Significant Monitoring Concentrations.

Pollutant Air Quality Impact

Carbon monoxide 575, 8-hour average

Nitrogen dioxide 14, annual

Particulate matter—2.5 micron (PM2.5) 4, 24-hour

Particulate matter—10 micron (PM10) 10, 24-hour

Sulfur dioxide 13, 24-hour

Ozone * 

Lead .1, 3-month

Mercury 0.25, 24-hour

Beryllium .001, 24-hour

Fluorides 0.25, 24-hour

Vinyl chloride 15, 24-hour

Total reduced sulfur 10, 1-hour

Hydrogen sulfide 0.2, 1-hour

Reduced sulfur compounds 10, 1-hour

 

Note: All impacts in micrograms per cubic meter. 

*No significant monitoring concentration is provided for ozone. 

However, any potential net increase of 100 tons per year, or 
10 CSR 10-6.060 

21 

more, of volatile organic compounds or nitrogen oxides subject 

to section (8) of this rule would require an ambient impact 

analysis, including the gathering of ambient air quality data. 

 (C) Table 3—Missouri Guidelines for Valid Data Total 

Suspended Particulate. 

Time Period Minimum Requirement for Validity 

Month 2, 24-hour samples 

Quarter 10, 24-hour samples and 3 valid months 

Year 45, 24-hour samples and 4 valid quarters 

Continuously Monitored Data 

Time Period Minimum Requirement for Validity

3-hour running average 3 consecutive hourly observations 

8-hour running average 6 hourly observations 

24-hour average (daily) 18 hourly observations 

Monthly 21 daily averages 

Quarterly1 3 consecutive monthly averages 

Yearly2

 11 monthly averages 

1

Quarter is defined as calendar quarter. 

2

Year is defined as four (4) consecutive calendar quarters. 

 (D) Table 4— Significant Levels for Air Quality Impact in 

Class II Areas. 

 Averaging Time 

 (Hours) 

Pollutant Annual 24 8 3 1 

SO2 1.0 5 25 

PM10 1.0 5 

PM2.5 0.3 1.2 

NO2 1.0 

CO .5 2 

Note: All impacts in micrograms per cubic meter, except for CO 

in milligrams per cubic meter. 

(12) Appendices. 

 (A) Appendix A, Permit Review Procedures. 

 1. Preapplication meeting. Prior to submittal of a 

complete permit application, the applicant may request a 

preapplication meeting with the permitting authority to discuss 

the nature of and apparent requirements for the forthcoming 
10 CSR 10-6.060 

22 

permit application. This meeting shall not fall under the permit 

fee requirements. 

 2. Complete application. 

 A. The permitting authority shall review each 

application for completeness and shall inform the applicant 

within thirty (30) days if the application is not complete. In 

order to be complete, an application must include a completed 

application form and, to the extent not called for by the form, 

the information required in paragraph (12)(A)4. of this rule. 

 B. If the permitting authority does not notify 

the installation that its application is not complete within 

thirty (30) days of receipt of the application, the application 

shall be deemed complete. However, nothing in this subsection 

shall prevent the permitting authority from requesting 

additional information that is reasonably necessary to process 

the application. 

 (I) The permitting authority shall 

maintain a checklist to be used for the completeness 

determination. A copy of the checklist identifying the 

application’s deficiencies shall be provided to the applicant 

along with the notice of incompleteness. 

 (II) If, while processing an application 

that has been determined or deemed to be complete, the 

permitting authority determines that additional information is 

necessary to evaluate or to take final action on that 

application, the permitting authority may request this 

additional information in writing. In requesting this 

information, the permitting authority shall establish a 

reasonable deadline for a response. The review period will be 

extended by the amount of time necessary to collect the required 

information. 

 (III) In submitting an application for 

amendment of a construction permit, the applicant may 

incorporate by reference those portions of the existing permit 

(and the permit application and any permit amendment) that 

describe products, processes, operations, and emissions. The 

applicant must identify specifically and list which portions of 

the previous permit, applications, or both, are incorporated by 

reference. In addition, a permit amendment application must 

contain— 
10 CSR 10-6.060 

23 

 (a) Information specified in paragraph 

(12)(A)4. of this rule for those products, processes, 

operations, and emissions— 

 I. That are not addressed in the 

previous permit or application; 

 

 II. That are subject to 

applicable requirements that are not addressed in the previous 

permit or application; or 

 

 III. For which the applicant seeks 

permit terms and conditions that differ from those in the 

previous permit or application. 

 

 C. Confidential information. An applicant may 

submit information to the permitting authority under a claim of 

confidentiality pursuant to 10 CSR 10-6.210. 

 D. Filing fee. Each application must be 

accompanied by a one hundred-dollar ($100) filing fee. 

 3. Duty to supplement or correct application. Any 

applicant who fails to submit any relevant facts or who has 

submitted incorrect information in a permit application, upon 

becoming aware of the failure or incorrect submittal, shall 

promptly submit supplementary facts or corrected information. In 

addition, an applicant shall provide additional information, as 

necessary, to address any requirements that become applicable to 

the installation after the date an application is deemed 

complete, but prior to the issuance of the construction permit. 

 4. Standard application form and required 

information. The director will provide a standard application 

package for applicant’s use. An applicant shall submit an 

application package consisting of the standard application form 

and Emissions Information for Construction Permit Application. 

After the effective date of this rule, any revision to the 

department-supplied forms will be presented to the regulated 

community for a forty-five (45)-day comment period. The 

application package must include all information needed to 

determine applicable requirements. The application must include 

information needed to determine the applicability of any 

applicable requirement. The applicant shall submit the 

information called for by the application form for each 

emissions unit at the installation to be permitted. The standard 
10 CSR 10-6.060 

24 

application form (and any attachments) shall require that the 

following information be provided: 

 A. Identifying information. The applicant’s 

company name and address (or plant name and address if different 

from the company name), the owner’s name and state registered 

agent, and the telephone number and name of the plant site 

manager or other contact person; 

 B. Processes and products. A description of the 

installation’s processes and products (by two (2)-digit Standard 

Industrial Classification Code); 

 C. Emissions-related information. The following 

emissions-related information on the emission inventory forms: 

 (I) All emissions of regulated air 

pollutants. The permit application shall describe all emissions 

of regulated air pollutants emitted from each emissions unit, 

except as provided for by this section. The installation shall 

submit additional information related to the emissions of air 

pollutants sufficient to verify which requirements are 

applicable; 

 (II) Identification and description of all 

emissions units whose emissions are included in part 

(12)(A)4.C.(I) of this rule, in sufficient detail to establish 

the applicability of all requirements; 

 (III) Emissions rates, or information that 

enables the permitting authority to determine such rates, in 

tons per year and in such terms as are necessary to establish 

compliance consistent with the applicable standard reference 

test method, if any; 

 (IV) Information to the extent needed to 

determine or regulate emissions: fuels, fuel use, raw materials, 

production rates, and operating schedules; 

 (V) Identification and description of air 

pollution control equipment; 

 (VI) Identification and description of 

compliance monitoring devices or activities; 
10 CSR 10-6.060 

25 

 (VII) Limitations on installation operations 

affecting emissions or any work practice standards, where 

applicable, for all regulated air pollutants; 

 (VIII) Other information required by any 

applicable requirement (including information related to stack 

height limitations developed pursuant to section 123 of the 

Act); and 

 (IX) Calculations on which the information 

in parts (12)(A)4.C.(I)–(VIII) of this rule is based; 

 D. Other specific information required under 

the permitting authority’s rule to implement and enforce other 

applicable requirements of the Act or of these rules, or to 

determine the applicability of these requirements. 

 5. Certification by responsible official. Any 

application form or report submitted pursuant to this rule shall 

contain certification by a responsible official of truth, 

accuracy, and completeness. This certification, and any other 

certification, shall be signed by a responsible official and 

shall contain the following language: “I certify, based on 

information and belief formed after reasonable inquiry, the 

statements and information in the document are true, accurate, 

and complete.” 

 6. Receipt of the complete application. Upon receipt 

of a complete permit application, the permitting authority shall 

proceed with processing of the application. 

 7. Notification of processing fees. The permitting 

authority, as timely as possible, will notify the applicant in 

writing if the permit processing fee approaches one thousand 

dollars ($1,000) and in one thousand-dollar ($1,000) increments 

after that. 

 8. Public participation. For all applications for 

sources that emit five (5) or more tons of lead per year, or 

that contain good engineering practice stack height 

demonstrations, or that are subject to section (7) or (8) of 

this rule, the permitting authority shall follow the procedures 

for public participation as specified in section (12), Appendix 

(B) of this rule. 

 9. Final completeness determination. Final 

determination will be made on the following schedules: 
10 CSR 10-6.060 

26 

 A. The permitting authority will make final 

determinations for complete permit applications processed under 

section (7), (8), or (9) of this rule no later than one hundred 

eighty-four (184) calendar days after receipt of a complete 

application, taking into account any additional time necessary 

for missing information; 

 B. The permitting authority will make final 

determination for complete permit applications processed under 

section (3), (4), (5), or (6) of this rule no later than ninety 

(90) calendar days after receipt of a complete application, 

taking into account any additional time necessary for missing 

information; and 

 C. If the permitting authority exceeds the time 

for review described in subparagraph (12)(A)9.A. or B. of this 

rule, the applicant shall not be required to pay the processing 

fee associated with the application. 

 10. Conditions required by permitting authority. The 

permitting authority may impose those conditions in a permit as 

may be necessary to accomplish the purposes of this rule, any 

applicable requirements, or the Air Conservation Law, Chapter 

643, RSMo, and are no less stringent than any applicable 

requirements. Nothing in this rule shall be deemed to limit the 

power of the permitting authority in this regard. The following 

condition examples are solely for the purposes of illustration, 

and do not limit the generality of the preceding liberal 

sentence: 

 A. Sampling ports of a suitable size, number, 

and location; 

 B. Safe access to each port; 

 C. Instrumentation to monitor and record 

emission data; 

 D. Other sampling and testing facilities; 

 E. Operating or work practice constraints to 

limit the maximum level of emissions; 

 F. Emission control device efficiency 

specifications to limit the maximum level of emissions; 
10 CSR 10-6.060 

27 

 G. Maximum level of emissions; 

 H. Emission testing after commencing 

operations, to be conducted by the owner or operator, as 

necessary to demonstrate compliance with applicable requirements 

or other permit conditions; 

 I. Data reporting; and 

 J. Post-construction ambient monitoring and 

reporting. 

 11. Drafts for public comment. Following review of an 

application, the permitting authority shall issue a draft permit 

for public comment, in accordance with subsection (12)(B) of 

this rule. The draft shall be accompanied by a statement setting 

forth the legal and factual basis for the draft permit 

conditions (including references to applicable statutory or 

regulatory provisions). The permitting authority shall send this 

statement to the administrator, to affected states and to the 

applicant, and shall place a copy in the public file. 

 12. Additional procedures needed for unified reviews 

of this rule’s section (6), (7), (8), or (9) unified review 

construction permit applications and part 70 operating permit 

applications. 

 A. Permit review by the administrator and 

affected states. 

 (I) Administrator review. 

 (a) Copies of applications, proposals, 

and final actions. The applicant will provide two (2) copies of 

the information included in an application. The permitting 

authority will forward to the administrator one (1) copy of each 

permit application and each final operating permit. 

 (b) Administrator’s objection. No 

permit shall be issued under this rule if the administrator 

objects to its issuance in writing within forty-five (45) days 

after receipt of the proposed permit and all necessary 

supporting information. 

 (c) Failure to respond to objection. 

If the permitting authority does not respond to an objection of 

the administrator by transmitting a revised proposed permit 
10 CSR 10-6.060 

28 

within ninety (90) days after receipt of that objection, the 

administrator may issue or deny the permit in accordance with 

the Act. 

 (d) Public petitions for objection. 

If the administrator does not object to a proposed permit 

action, any person may petition the administrator to make such 

an objection within sixty (60) days after expiration of the 

administrator’s forty-five (45)-day review period. 

 I. This petition may only be 

based on objections raised during the public review process, 

unless the petitioner demonstrates that it was impracticable to 

raise objection during the public review period (including when 

the grounds for objection arose after that period). 

 II. If the administrator responds 

to a petition filed under this section by issuing an objection, 

the permitting authority will not issue the permit until the 

objection has been resolved. If the permit was issued after the 

administrator’s forty-five (45)-day review period, and prior to 

any objection by the administrator, the permitting authority 

shall treat that objection as if the administrator were 

reopening the permit for cause. In these circumstances, the 

petition to the administrator does not stay the effectiveness of 

the issued permit, and the permittee shall not be in violation 

of the requirement to have submitted a complete and timely 

permit application. 

 (II) Affected state review. 

 (a) Notice of draft actions. The 

permitting authority will give notice of each draft permit to 

any affected state on or before the time that the permitting 

authority provides notice to the public. Affected states may 

comment on the draft permit action during the period allowed for 

public comment, as shall be set forth in a notice to affected 

states. 

 (b) Refusal to accept recommendations. 

If the permitting authority refuses to accept all 

recommendations for a proposed permit action that any affected 

state has submitted during the review period, the permitting 

authority shall notify the administrator and the affected state 

in writing of its reasons for not accepting those 

recommendations. 
10 CSR 10-6.060 

29 

 B. Proposals for review. Following the end of 

the public comment period, the permitting authority shall 

prepare and submit to the administrator a proposed permit. 

 (I) The proposed permit shall be issued no 

later than forty-five (45) days after the deadline for final 

action under this section and shall contain all applicable 

requirements that have been promulgated and made applicable to 

the installation as of the date of issuance of the draft permit. 

 (II) If new requirements are promulgated or 

otherwise become newly applicable to the installation following 

the issuance of the draft permit, but before issuance of a final 

permit, the permitting authority may elect to either— 

 (a) Extend or reopen the public 

comment period to solicit comment on additional draft permit 

provisions to implement the new requirements; or 

 (b) If the permitting authority 

determines that this extension or reopening of the public 

comment period would delay issuance of the permit unduly, the 

permitting authority may include in the proposed or final 

permit, or both, a provision stating that the operating permit 

will be reopened immediately to incorporate the new requirements 

and stating that the new requirements are excluded from the 

protection of the permit shield. If the permitting authority 

elects to issue the proposed or final permit, or both, without 

incorporating the new requirements, the permitting authority, 

within thirty (30) days after the new requirements become 

applicable to the source, shall institute proceedings pursuant 

to this section to reopen the permit to incorporate the new 

requirements. These reopening proceedings may be instituted, but 

need not be completed, before issuance of the final permit. 

 C. Action following the administrator’s review. 

 (I) Upon receipt of notice that the 

administrator will not object to a proposed permit that has been 

submitted for the administrator’s review pursuant to this 

section, the permitting authority shall issue the permit as soon 

as practicable, but in no event later than the fifth day 

following receipt of the notice from the administrator. 

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

of a proposed permit for the administrator’s review, and if the 

administrator has not notified the permitting authority that 
10 CSR 10-6.060 

30 

s/he objects to the proposed permit action, the permitting 

authority shall promptly issue the permit, but in no event later 

than the fiftieth day following transmittal to the 

administrator. 

 (III) If the administrator objects to the 

proposed permit, the permitting authority shall consult with the 

administrator and the applicant, and shall submit a revised 

proposal to the administrator within ninety (90) days after the 

date of the administrator’s objection. If the permitting 

authority does not revise the permit, the permitting authority 

will so inform the administrator within ninety (90) days 

following the date of the objection and decline to make those 

revisions. If the administrator disagrees with the permitting 

authority, the administrator may issue the permit with the 

revisions incorporated. 

 13. Notification in writing. After making a final 

determination whether the permit should be approved, approved 

with conditions, or denied, the permitting authority shall 

notify the applicant in writing of the final determination and 

the total permit processing fees due. 

 14. Notice of processing fees due. If payment of 

permit processing fees has not been received from the applicant 

eighty (80) calendar days after the final determination, the 

permitting authority shall issue in writing to the applicant a 

final notice of payment due. 

 15. Processing fees unpaid. If payment of permit 

processing fees has not been received from the applicant ninety 

(90) calendar days after the final determination, the permitting 

authority shall notify the applicant that the permit has been 

denied, provided the application previously had been approved in 

the final determination. The permitting authority also shall 

advise the applicant that the fee is still due and, as specified 

in paragraph (10)(A)3. of this rule, the fee shall have interest 

imposed upon it from the date of billing until payment is made. 

 16. Payment received. No later than three (3) 

calendar days after receipt of the whole amount of the fee due, 

the permitting authority will send the applicant a notice of 

payment received. The permit will also be issued at this time, 

provided the final determination was for approval and the permit 

processing fee was timely received. 

 (B) Appendix B, Public Participation. 
10 CSR 10-6.060 

31 

 1. This subsection shall apply to applications for 

unified review, as well as applications under sections (7) and 

(8) of this rule, applications for source operations or 

installations emitting five (5) or more tons of lead per year, 

and applications containing GEP stack height demonstrations as 

defined in 10 CSR 10-6.020(1)(G)3.A.–C. 

 2. For those applications subject to section (7) or 

(8) of this rule, completing the final determination within one 

hundred eighty-four (184) days after receipt of a complete 

application involves performing the following actions in a 

timely manner: 

 A. Preliminary determination. Within ninety 

(90) days after receipt of a complete application, the 

permitting authority shall make a preliminary determination 

whether construction should be approved, approved with 

conditions, or denied; 

 B. Draft for public comment and public hearing 

opportunity. No later than ten (10) days after the close of the 

preliminary review period, the permitting authority shall issue 

a draft permit and solicit comments by publishing a notice in a 

newspaper of general circulation within or nearest to the county 

in which the project is proposed to be constructed or operated. 

The public notice shall describe the nature of the application, 

including, with reasonable specificity, the following: name, 

address, phone number, and representative of the agency issuing 

the public notice; name and address of the applicant; and the 

proposed project, including its location and permits applied 

for; a description of the amount and location of emission 

reductions that will offset the emissions increase from the new 

or modified source; and include information on how LAER was 

determined for the project (where appropriate). The public 

notice shall also include degree of increment consumption, when 

appropriate, the permitting authority’s preliminary 

determination of whether or not to approve, approve with 

conditions or deny, and any reference to conditions relating to 

visibility as required in paragraph (8)(C)5, of this rule. The 

notice shall state that the department will hold a public 

hearing if one is requested, at which time any interested person 

may submit any relevant information, materials, and views in 

support of or opposed to the permit applied for. The notice 

shall state the location and time of the public hearing with the 

hearing being held in the county in which all or a major part of 

the proposed project is to be located and state that the hearing 
10 CSR 10-6.060 

32 

will be canceled if a request for a hearing is not received 

within twenty-eight (28) days of the publication of the notice. 

The hearing shall be scheduled not less than thirty (30) nor 

more than forty (40) days from the date of publication of the 

notice. The notice also shall state that any interested person 

may submit relevant information materials and views to the 

permitting authority, in writing, until the end of the fortieth 

day after the date of publication of the notice for public 

hearing. The notice shall further state that a copy of materials 

submitted by the applicant and used in making the preliminary 

determination, a copy of the preliminary determination, and a 

copy or summary of other materials, if any, considered in making 

the preliminary determination are available for public 

inspection at the Department of Natural Resources’ regional 

office in the region in which the proposed installation or major 

modification would be constructed, as well as at the Jefferson 

City Central Office of the Air Pollution Control Program. The 

permitting authority shall submit a copy of this public notice 

to the administrator; 

 C. Availability of preliminary determination. 

After the close of the preliminary review period, but no later 

than the date public notice is published, the permitting 

authority shall make available to the public, until the end of 

the public comment period, at the regional office in the region 

in which the proposed installation or major modification would 

be constructed, as well as in the Air Pollution Control Program 

Office in Jefferson City, a copy of the preliminary 

determination, and a copy of summary of other materials, if any, 

considered in making the preliminary determination; 

 D. The permitting authority may designate 

another person to conduct any hearing under this section; 

 E. Distribution of public notice. Within ten 

(10) days after the close of the preliminary review period, the 

permitting authority shall send a copy of the public notice to 

the applicant and to officials and agencies having cognizance 

over the location where the proposed construction would occur as 

follows: local air pollution control agencies, the chief 

executive of the city and county where the installation or 

modification would be located, any comprehensive regional land 

use planning agency, any state air program permitting authority, 

and any Federal Land Manager (FLM) whose lands may be affected 

by emissions from the installation or modification; 
10 CSR 10-6.060 

33 

 F. Public comment and applicant response. The 

permitting authority shall consider all written comments 

submitted within the time specified in the public notice and all 

comments received at the public hearing, if one is held, in 

making a final decision on the approvability of the application. 

No later than ten (10) days after the close of the public 

comment period, the applicant may submit a written response to 

any comments submitted by the public. The permitting authority 

shall consider the applicant’s response in making a final 

decision. The permitting authority shall make all comments 

available for public inspection in the same locations where the 

permitting authority made available prehearing information 

relating to the proposed installation or modification. Further, 

the permitting authority shall prepare written response to all 

comments and make them available at the locations referred to 

previously; 

 G. Final determination. The permitting 

authority shall make a final determination whether construction 

should be approved, approved with conditions, or denied pursuant 

to this rule, then notify the applicant in writing of the final 

determination and make this notification available for public 

inspection at the same locations where the permitting authority 

made available prehearing information and public comments 

relating to the installation or modification. The permitting 

authority shall submit a copy of this final determination to the 

administrator; 

 H. Public notice exception. If the 

administrator has provided public notice and opportunity for 

public comment and hearing equivalent to that provided by this 

subsection, the permitting authority may make a final 

determination without providing public notice and opportunity 

for public comment and hearing required by this subsection; and 

 I. Class I area visibility review and notice to 

the FLM. 

 (I) For proposed installation subject to 

specific permit requirements in sections (7) and (8) of this 

rule, but not dependent on any quantity of lead emissions as 

stated in paragraph (12)(B)1. of this rule, the permitting 

authority shall provide advance notification to any FLM where, 

in the judgment of the permitting authority, visibility may be 

affected in a Class I area of the FLM’s responsibility. The 

notice shall be provided within thirty (30) days of receipt of 
10 CSR 10-6.060 

34 

an initial application or when first learning of the applicant’s 

intent for a permit. 

 (II) No later than thirty (30) days after 

receipt of a complete application, the permitting authority 

shall make written notification to the FLM whose Class I area 

(those designated in paragraph (12)(I)3. of this rule) may be 

affected by emissions from the proposed source. The notification 

must include all information relevant to the permit application 

and shall include an analysis of anticipated Class I visibility 

impacts. The permitting authority may also make this 

notification to any additional FLM whose Class I area’s 

visibility, in the judgment of the permitting authority, may be 

impacted. 

 (III) The permitting authority shall 

consider any analysis performed by an FLM that is provided to 

the permitting authority within thirty (30) days of the FLM’s 

receipt of the notification and analysis required in part 

(12)(B)2.I.(II) of this rule. Where the FLM’s analysis indicates 

that an adverse impact on visibility (as defined in 10 CSR 10-

6.020) would occur in a Class I area as a result of the proposed 

project, and analysis does not demonstrate an adverse impact to 

the permitting authority’s satisfaction, the permitting 

authority shall so indicate the dissatisfaction in the public 

notice of hearing. With this condition, the public notice also 

shall contain the location where an explanation of the 

permitting authority’s reasoning can be found, and that the 

explanation be available for public inspection no later than the 

date public notice is published. 

 3. This paragraph is for those applications not 

subject to section (7) or (8) of this rule, but which propose an 

emission of five (5) or more tons of lead per year or 

applications containing GEP stack height demonstrations. For 

these applications, completing the final determination within 

ninety (90) calendar days after receipt of the complete 

application involves performing the same public participation 

activities as those subject to section (7) or (8) of this rule, 

but with shorter time frames. The following specifies the new 

time frames: 

 A. Permitting authority’s preliminary 

determination—No later than forty-five (45) calendar days after 

receipt of a complete application; 
10 CSR 10-6.060 

35 

 B. Public notice of hearing—No later than five 

(5) calendar days after the preliminary determination; 

 C. Public hearing—No later than thirty (30) 

calendar days after the date of the public notice; and 

 

 D. Applicant response—No later than five (5) 

calendar days after the end of the public comment period, the 

applicant may submit a written response to any comments 

submitted. 

 (C) Appendix C, Offsets. Offset provisions may be found 

in 10 CSR 10-6.410. 

 (D) Appendix D, Banking. Banking provisions may be found 

in 10 CSR 10-6.410. 

 (E) Appendix E, Innovative Control Technology. 

 1. An owner or operator of an installation subject 

to section (8) of this rule may employ a system of innovative 

control technology if— 

 A. The applicant demonstrates to the 

satisfaction of the permitting authority that the proposed 

control system will not cause or contribute to an unreasonable 

risk to public health, welfare, or safety in its operation, 

function, or malfunction; 

 B. The owner or operator demonstrates the 

ability and agrees to achieve a level of continuous emission 

reduction equivalent to that which would have been required 

under subsection (8)(A) of this rule, by a reasonable date 

specified by the permitting authority, taking into consideration 

the technical and economic feasibility. The date shall not be 

later than four (4) years from the time of startup or seven (7) 

years from permit issuance; 

 C. On the date specified by the permitting 

authority, the proposed construction, employing the system of 

innovative control, will meet the requirements of 40 CFR 

52.21(l) and 40 CFR 52.21(v); 

 D. The proposed construction would not, before 

the date specified by the permitting authority— 
10 CSR 10-6.060 

36 

 (I) Cause or contribute to a violation of 

an applicable national ambient air quality standard; 

 (II) Impact any Class I area; or 

 (III) Impact any area where an applicable 

increment is known to be violated; 

 E. The governor of any adjacent state that will 

be significantly impacted by the proposed construction gives 

his/her consent before the date specified by the permitting 

authority; and 

 F. All other applicable requirements, including 

those for public participation, have been met. 

 2. Any approval to employ a system of innovative 

control technology may be revoked by the permitting authority, 

if— 

 A. The proposed system fails or will fail by 

the specified date to achieve the required continuous emission 

reduction rate; or 

 B. The proposed system, before the specified 

date, contributes or will contribute to an unreasonable risk to 

public health, welfare or safety in its operation, function or 

malfunction; or 

 C. The permitting authority determines that the 

proposed system is unlikely to protect the public health, 

welfare or safety. 

 3. If an installation to which this subsection 

applies fails to meet the required level of continuous emission 

reduction within the specified time period, or the approval is 

revoked in accordance with paragraph (12)(E)2. of this rule, the 

owner or operator may request the permitting authority to grant 

an extension of time for a minimum period as may be necessary to 

meet the requirement for the application of BACT through use of 

a demonstrated system of control. The period shall not extend 

beyond the date three (3) years after termination of the same 

time period specified in paragraph (12)(E)1. of this rule. 

 (F) Appendix F, Air Quality Models. 
10 CSR 10-6.060 

37 

 1. All estimates and analyses of ambient 

concentrations shall be based on the applicable air quality 

models, data bases, and other requirements specified in the 

Environmental Protection Agency’s (EPA) Guideline on Air Quality 

Models (40 CFR 51, Appendix W) including supplements at the time 

of application. 

 2. Any model(s) designated in paragraph (12)(F)1. of 

this rule may be adjusted upon a determination by the 

administrator and the permitting authority, after notice and 

opportunity for public hearing, that the adjustment is necessary 

to take into account unique terrain or meteorological 

characteristics of an area potentially affected by emissions 

from the source. Methods like those outlined in the Protocol for 

Determining the Best Performing Model (United States EPA 

publication No. EPA-454/R-92-025, Office of Air Quality Planning 

and Standards, Research Triangle Park, NC 27711, 1992) and 

Standard Guide for Statistical Evaluation of Atmospheric 

Dispersion Model Performance (NTIS No. PB 93-226082) should be 

used to determine the comparability of air quality models. 

 3. Where the Guideline on Air Quality Models (40 CFR 

51, Appendix W) including supplements at the time of application 

does not address a situation requiring modeling, the 

administrator and the permitting authority, after notice and 

opportunity for public hearing, may approve the use of a model 

which they deem accurate for modeling that situation.. 

 (G) Appendix G, Increment Tracking. 

 1. The permitting authority will track ambient air 

increment consumption at fixed baseline locations within the 

baseline areas. 

 2. Available increment will be allocated on a firstcome, first-serve basis. The marked received date of a complete 

application will be used by the permitting authority to 

determine which applicant is entitled to prior allocation of 

increments. 

 3. At the intervals of five (5) years from the 

baseline date, the permitting authority shall determine the 

actual air quality increment available or consumed for a 

location(s) for which complete air monitoring data exists using 

subsection (11)(C), Table 3, of this rule. 
10 CSR 10-6.060 

38 

 4. Exclusions from increment consumption. Upon 

written request of the owner or operator of an installation, 

made after notice and opportunity for at least one (1) public 

hearing to be held in accordance with the procedures established 

in subsection (12)(B) of this rule, the permitting authority 

shall exclude the following concentrations in determining 

consumption of a maximum allowable increase: 

 A. Concentrations attributable to the increase 

in emissions from installations which have converted from the 

use of petroleum products, natural gas, or both, by reason of an 

order in effect under sections 2(a) and (b) of the Energy Supply 

Environmental Coordination Act of 1974 over the emissions from 

those sources before the effective date of the order; 

 B. Concentrations attributable to the increase 

in emissions from installations which have converted from using 

natural gas by reason of a natural gas curtailment plan in 

effect pursuant to the Federal Power Act over the emissions from 

those sources before the effective date of the plan; 

 C. Concentrations of particulate matter 

attributable to the increase in emissions from construction or 

other temporary emission-related activities, however; 

 D. No exclusion of these concentrations shall 

apply more than five (5) years after the effective date of the 

order to which subparagraph (12)(G)4.A. of this rule refers or 

the plan to which subparagraph (12)(G)4.B. of this rule refers, 

whichever is applicable. If both the order and the plan are 

applicable, no exclusion shall apply more than five (5) years 

after the later of the effective dates. 

 (H) Appendix H, Impacts on Class I Areas. 

 1. At any time prior to the close of the public 

comment period specified in subsection (12)(B) of this rule, the 

FLM for any federal Class I area may provide information to the 

permitting authority demonstrating that the emissions from the 

proposed installation or major modification would have an 

adverse impact on the air quality-related values (including 

visibility) of any federal mandatory Class I area, 

notwithstanding that the change in air quality, resulting from 

emissions from the installation or major modification, would not 

cause or contribute to concentrations which would exceed the 

maximum allowable increase for a Class I area, as specified in 

subsection (11)(A), Table 1, of this rule. If the permitting 
10 CSR 10-6.060 

39 

authority concurs in the demonstration by the FLM, the permit 

shall be denied. 

 2. Class I variances. The owner or operator of a 

proposed installation or major modification may demonstrate to 

the FLM that the emissions from the source would have no adverse 

impact on the air quality-related values of any federal 

mandatory Class I area (including visibility), notwithstanding 

that the change in air quality resulting from emissions from the 

source would cause or contribute to concentrations which would 

exceed the maximum allowable increases for a Class I area. If 

the FLM concurs with a demonstration and so certifies to the 

permitting authority, the permitting authority, providing that 

all other applicable requirements of this rule are met, may 

issue the permit with those emission limitations as may be 

necessary to assure that emissions of sulfur dioxide, 

particulate matter, and nitrogen dioxide would not exceed the 

following maximum allowable increases over baseline 

concentration for these pollutants: 

 Maximum 

 Allowable 

Pollutant Increase 

Particulate Matter 2.5 Micron: 

 Annual arithmetic mean 4 

 24-hour maximum 9 

Particulate Matter 10 Micron: 

 Annual arithmetic mean 17 

 24-hour maximum 30 

Sulfur Dioxide: 

 Annual arithmetic mean 20 

 24-hour maximum 91 

 3-hour maximum 325 

Nitrogen Dioxide: 

 Annual arithmetic mean 25 

 Note: Increases are in micrograms per cubic meter. 

 3. Sulfur dioxide variance by governor with FLM’s 

concurrence. 

 A. If the owner or operator of a proposed 

installation or major modification who has been denied an FLM’s 

certification pursuant to paragraph (12)(H)1. of this rule 

demonstrates to the governor that the installation or major 

modification cannot be constructed as a result of any maximum 
10 CSR 10-6.060 

40 

allowable increase for sulfur dioxide for periods of twenty-four 

(24) hours or less applicable to any Class I area and, in the 

case of federal mandatory Class I areas, that a variance under 

this part would not adversely affect the air quality-related 

values of the area (including visibility), then the governor, 

after consideration of the FLM’s recommendation (if any) and 

subject to his/her concurrence, may grant, after notice and an 

opportunity for a public hearing, a variance from these maximum 

allowable increases. 

 B. If a variance is granted, the permitting 

authority may issue a permit to an installation or major 

modification in accordance with the requirements of paragraph 

(12)(H)5. of this rule, provided that all other applicable 

requirements of this rule are met. 

 4. Variance by the governor with the president’s 

concurrence. 

 A. The recommendations of the governor and the 

FLM shall be transferred to the president in any case where the 

governor recommends a variance in which the FLM does not concur. 

 B. If this variance is approved by the 

president pursuant to 42 U.S.C. section 7475(d)(2)(D)(ii), the 

permitting authority may issue a permit in accordance with the 

requirements of paragraph (12)(H)5. of this rule provided that 

all other applicable requirements of this rule are met. 

 5. Emission limitations for presidential or 

gubernatorial variance. 

 A. In the case of a permit issued pursuant to 

paragraph (12)(H)3. or 4. of this rule, the permitting authority 

shall impose, as conditions of the permit, emission limitations 

as may be necessary to assure that emissions of sulfur dioxide 

from the installation or major modification (during any day on 

which the otherwise applicable maximum allowable increases are 

exceeded) will not cause or contribute to concentrations which 

will exceed the following maximum allowable increases over the 

baseline concentration: 

Maximum Allowable Increase 

(micrograms per cubic meter) 

Period of Exposure Terrain Areas 

 Low High 

24-hour maximum 36 62 
10 CSR 10-6.060 

41 

3-hour 130 221 

 B. These emission limitations also shall assure 

that the emissions will not cause or contribute to 

concentrations which exceed the otherwise applicable maximum 

allowable increases for periods of exposure of twenty-four (24) 

hours or less for more than eighteen (18) days, not necessarily 

consecutive, during any annual period. 

 6. The permitting authority shall transmit to the 

administrator a copy of each permit application under this 

subsection (12)(H) of this rule and provide notice to the 

administrator of every action related to the consideration of a 

permit. 

 (I) Appendix I, Attainment and Unclassified Area 

Designations. 

 1. Area classification. 

 A. The following areas shall be Class I areas 

and may not be redesignated: 

 (I) Hercules Glade National Wilderness 

Area; and 

 (II) Mingo National Wilderness Area. 

 B. Any other area, unless specified in the 

legislation creating such an area, is initially designated Class 

II, but may be redesignated as provided in this section. 

 C. The following areas may be redesignated only 

as Class I or II: 

 (I) An area which as of August 7, 1977, 

exceeded ten thousand (10,000) acres in size and was a national 

monument, a national primitive area, a national preserve, a 

national recreational area, a national wild and scenic river, a 

national wildlife refuge, or a national lakeshore or seashore; 

and 

 (II) A national park or national wilderness 

area established after August 7, 1977, which exceeds ten 

thousand (10,000) acres in size. 
10 CSR 10-6.060 

42 

 2. Area redesignation. 

 A. All areas (except as otherwise provided 

under paragraph (12)(I)1. of this rule are designated Class II 

as of December 5, 1974. Redesignation (except as precluded by 

paragraph (12)(I)1. of this rule may be proposed by the 

commission as provided in this rule, subject to approval by the 

administrator. 

 B. The commission may submit to the 

administrator a proposal to redesignate areas of the state as 

Class I or Class II provided that— 

 (I) At least one (1) public hearing has 

been held in accordance with procedures established in sections 

643.070 and 643.100, RSMo; 

 (II) Other states and FLMs whose lands may 

be affected by the proposed redesignation were notified at least 

thirty (30) days prior to the public hearing; 

 (III) A discussion of the reasons for the 

proposed redesignation, including a satisfactory description and 

analysis of the health, environmental, economic, social, and 

energy effects of the proposed redesignation, was prepared and 

made available for public inspection at least thirty (30) days 

prior to the hearing and the notice announcing the hearing 

containing appropriate notification of the availability of that 

discussion; 

 (IV) Prior to the issuance of notice 

respecting the redesignation of an area that includes any 

federal lands, the commission has provided written notice to the 

appropriate FLM and afforded adequate opportunity (not in excess 

of sixty (60) days) to confer with the commission respecting the 

redesignation and to submit written comments and 

recommendations. In redesignating any area, with respect to 

which any FLM had submitted written comments and 

recommendations, the commission shall have published a list of 

any inconsistencies between the redesignation and comments and 

recommendations (together with the reasons for making 

redesignation against the recommendation of the FLM); and 

 (V) The commission has proposed the 

redesignation after consultation with the elected leadership of 

local and other substate general purpose governments in the area 

covered by the proposed redesignation. 
10 CSR 10-6.060 

43 

 C. Any area other than an area to which 

paragraph (12)(I)1. of this rule refers may be redesignated 

Class III if— 

 (I) The redesignation would meet the 

requirements of provisions established in accordance with 

subparagraph (12)(I)2.B. of this rule; 

 (II) The redesignation has been approved by 

the commission and the governor; 

 (III) The redesignation has been approved by 

the governor after consultation with the appropriate committees 

of the legislature if it is in session; or with the leadership 

of the legislature if it is not in session; 

 (IV) General purpose units of local 

government, representing a majority of the residents of the area 

to be redesignated, adopt resolutions concurring in the 

redesignation; 

 (V) The redesignation would not cause or 

contribute to a concentration of any air pollutant which would 

exceed any maximum allowable increase permitted under the 

classification of any other area or any national ambient air 

quality standard; and 

 (VI) Any permit application for any 

installation or major modification subject to provisions 

established in accordance with subparagraph (12)(I)2.A. of this 

rule which could receive a permit only if the area in question 

were redesignated as Class III and any material submitted as 

part of that application were available, insofar as was 

practicable, for public inspection prior to any public hearing 

on redesignation of any area as Class III. 

 3. Area class designations. 

Area Class Description 

Class I Hercules Glade National Wilderness Area 

Mingo National Wilderness Area 

Class II All areas of the state which are not 

nonattainment 

Class III No areas designated 
10 CSR 10-6.060 

44 

 (J) Appendix J, Air Quality Analysis for Hazardous Air 

Pollutants. 

 1. The director shall maintain a table of emission 

threshold levels, risk assessment levels, and screening model 

action levels for hazardous air pollutants. Applicants will not 

be required to submit a hazardous air pollutant air quality 

analysis for applications having a maximum design capacity no 

more than the hazardous air pollutant emission threshold levels 

unless paragraph (12)(J)2. of this rule applies. 

 2. Exceptions. The director may require an air 

quality analysis for applications if it is likely that the 

construction or modification will result in the discharge of air 

contaminants in quantities, of characteristics and of a duration 

which directly and proximately cause or contribute to injury to 

human, plant, or animal life or the use of property or 

complaints filed in the vicinity of the proposed construction or 

modification warrant an air quality analysis.