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### STA T E O F MISSOURI \ 

# DEPARTMENT OF NATURAL RESOURCES

\'.'WW. dnr. mo.go v 

# 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 of Natural 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

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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 CommissionRSMo, 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 inemissions 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 certainsources 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 theentire 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 certainterms 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 ofJuly 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 thisdefinition, 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 beused 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 potentialto 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, atany 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 anintermediate 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 requiredto construct a comparable process or production unit; and(II) It is technically and economically feasible for the reconstructed major source to meet the applicable maximumachievable 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 suchsource 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 stationarysource or process that has comparable emissions and is structurally similar in design and

48 CODE OF STATE REGULATIONS (9/30/13) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissioncapacity 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 ofJuly 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 thesource 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 ofregulation of the corresponding NAAQS pollutant. Both volatile organic compounds (VOC) and nitrogen oxides (NO

x ) 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 throughoutMissouri 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 thatconstruction 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: asigned 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 ruledoes not apply to the construction or modification of installations that are exempted orexcluded 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 thisrule, 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 thatthe 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 maycommence 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, orits amendment. The permittee shall also provide information identifying any applicablerequirements which became applicable subsequent to issuance of the operating permit. Within thirty (30) days after the applicant’srequest 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 andoperating permits, or its amendment, the permitting authority shall validate the operating permit, or its amendment, and forward it tothe 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 ofrequirements 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 onehundred (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 tooperate 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 lay out 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

CODE OF STATE REGULATIONS 49 J ASON K ANDER (9/30/13) 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 10-6relocation 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, approvethe 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 sitethat 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 SourceRelocation Request for authorization to operate in the new locale as soon as possible, but not later than seven (7) calendar days prior toground breaking or initial equipment erection. No fees are associated with this authorization. Authorization will be presumed if notification of denial is not received by thespecified 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 furtherrequirements 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 issuedand 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 bein 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 qualityanalysis 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 applicablemaximum 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 islikely 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 applicablemaximum 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 thevicinity 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 applicablemaximum 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 visibilityin 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 EmissionsInformation 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 airquality 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; and5. 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 ofany installation which exceeds good engineering practice (GEP) stack height; or

50 CODE OF STATE REGULATIONS (9/30/13) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionB. Any other dispersion technique. 2. Paragraph (6)(D)1. of this rule shallnot 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 permittingauthority 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 thatactual 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 theprovisions 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 ofinitial 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 installationnot in accordance with the application submitted and the permit issued, including anyterms 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 suchmeans 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 stationarysource 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 PlantwideApplicability 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 asignificant 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 emissionsincrease, 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 themethod of operation will occur at the particular emissions unit. 3. For each existing emissions unit affected by the project, the emissionsincrease is determined by taking the difference between the projected actual emissions for the completed project and the baselineactual emissions. In accordance with the definition of the term projected actual emissionsfound 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) ofthis rule do not apply to a source or modification that would be a major stationary source or major modification only if fugitiveemissions 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 offsetsshall 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 modifiedinstallation which is located in a zone (within the nonattainment area) identified by theadministrator, in consultation with the Secretary of Housing and Urban Development, as a zone to which economic developmentshould 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 notbeing adequately implemented for the nonattainment area in which the proposed source is to be constructed or modified; 5. Temporary installation and portablesources 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 withthe 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

CODE OF STATE REGULATIONS 51 J ASON K ANDER (9/30/13) 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 10-6or 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 pursuantto this section, except where otherwise provided in this section;9. The applicant must provide an alternate site analysis; and10. 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 governPALs of the nonattainment pollutant for projects at existing major stationary sources in an area designated nonattainment, except
that— 1. The term Administrator shall be thedirector 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 in52.21(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 NO

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

(G) The director of the Missouri Department of Natural Resources’ Air PollutionControl 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 pr omulgated 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 CFR52.21 shall refer to the director of the Missouri Department of Natural Resources’ AirPollution Control Program except in the following, where it shall continue to refer to theadministrator 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; and10. (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 PollutionControl 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 subjectto 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; or2. Proposal will consume more increment than is available.

(9) Hazardous Air Pollutant Permits. The requirements of this section apply to anyowner or operator of a major source identified in subsection (9)(B) of this rule, unlessthe 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) ofthe Clean Air Act and incorporated in another subpart of part 63 of the Code of Federal Regulations (CFR), or the owner or operatorof 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 orproduction unit that would otherwise be controlled under the requirements of this sectionwill 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 offive (5) years prior to the fabrication, erection, or installation of the process or production unit that the existing emission control equipment represented best available controltechnology (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 equipmentwill 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 determinesthat the percent control efficiency for emissions of HAP from all sources to be controlled by the existing control equipment willbe equivalent to the percent control efficiency provided by the control equipment prior to

52 CODE OF STATE REGULATIONS (9/30/13) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionthe 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 longeradequate, 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; and7. 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 permitfor 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 theemission 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 authorityshall achieve the maximum degree of reduction in emissions of HAPs which can beachieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reductionand 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, oroperational 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 isrequired, 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 ratefor 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 intons/year at expected and maximum utilization of capacity, to the extent this informationis 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 oroperator 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 permittingauthority’s intent to disapprove the application, additional information or argumentspertaining 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 willeither 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 thepermitting 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

CODE OF STATE REGULATIONS 53 J ASON K ANDER (9/30/13) 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 10-6this section, the construction permit issued pursuant to this rule shall contain a MACTemission limitation (or a MACT work practice standard if the permitting authority determines it is not feasible to prescribe or enforcean emission standard) to control the emissions of HAP. (II) Such construction permit willspecify 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 reportingperiod. Such monitoring data shall be of sufficient quality to be used as a basis forenforcing all applicable requirements including emission limitations; and (d) A statement requiring theowner 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. Ho wever, 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 permittingauthority shall send a copy of the final construction permit or other notice of approvalissued to the administrator through the appropriate regional office, and to all other stateand local air pollution control agencies having jurisdiction in affected states; G. Compliance date. On and after thedate 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 orreconstructed 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 obtaineda 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 beensubject to a prior case-by-case MACT determination pursuant to this section, and theowner 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, toincorporate 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 sourceswhich 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 thatevent, 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 obtaineda 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 anemission 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 controlrequired 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 tosuch 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 feeof 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 permitamendment has been received, a fee for permit processing in the amount of fifty dollars ($50) per hour of actual staff time will beginto 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 forthe 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) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionapproved, 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 permitbeing 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 payfor 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 finalizedpermit, 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, tothe 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 thistype 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 ave rage Nitrogen dioxide 14, annual
Particulate matter—

2.5 micron (PM 2.5 ) 4, 24-hour

Particulate matter—

10 micron (PM 10 ) 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 ave rage 18 hourly observations (daily) Monthly 21 daily ave rages Quarterly 1 3 consecutive monthly

averages Yearly 2 11 monthly ave rages

1 Quarter is defined as calendar quarter.

CODE OF STATE REGULATIONS 55 J ASON K ANDER (9/30/13) 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 10-62 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
SO
2 1.0 5 25

PM 10 1.0 5

PM 2.5 0.3 1.2

NO
2 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, theapplicant 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. Ho wever, nothing in this subsection shall prevent the permittingauthority 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 tobe 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 thoseportions of the existing permit (and the permit application and any permit amendment) that describe products, processes, operations, and emissions. The applicant must identifyspecifically 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 differfrom those in the previous permit or application.
C. Confidential information. Anapplicant 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 incorrectsubmittal, 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 andrequired information. The director will provide a standard application pac kage for applicant’s use. An applicant shall submit an application pac kage consisting of the standard application form and Emissions Information for Construction Permit Application. After the effective date of this rule, any revision tothe department-supplied forms will be presented to the regulated community for a forty-five (45)-day comment period. The application pac kage 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) shallrequire 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 shalldescribe 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 insuch 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 descriptionof 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) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionthis 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 submittedpursuant 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 aresponsible 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 goodengineering 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 willmake 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 completeapplication, 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 permittingauthority 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 legaland factual basis for the draft permit conditions (including references to applicablestatutory 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 afterreceipt 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 aproposed 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 publicreview 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 tothe 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 beforethe time that the permitting authority provides notice to the public. Affected statesmay 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 proposedpermit 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 10-6end 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 requirementsthat 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 publiccomment 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 theoperating permit will be reopened immediately to incorporate the new requirements andstating 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, withoutincorporating the new requirements, the permitting authority, within thirty (30) days after the new requirements become applicable tothe 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 proposedpermit 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 permitshould be approved, approved with conditions, or denied, the permitting authority shall notify the applicant in writing of thefinal 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 beenreceived 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 thatthe 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 beissued 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 hundredeighty-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 adraft permit and solicit comments by publishing a notice in a newspaper of general circulation within or nearest to the county inwhich the project is proposed to be constructed or operated. The public notice shalldescribe 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 determinedfor the project (where appropriate). The public notice shall also include degree of increment consumption, when appropriate, thepermitting 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 belocated and state that the hearing will be canceled if a request for a hearing is not receivedwithin 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 anyinterested person may submit relevant information materials and views to the permittingauthority, in writing, until the end of the fortieth day after the date of publication of the notice for public hearing. The notice shallfurther state that a copy of materials submitted by the applicant and used in making thepreliminary determination, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination areavailable 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) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionor 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 preliminaryreview 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 theregional office in the region in which the proposed installation or major modification would be constructed, as well as in the AirPollution 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 havingcognizance 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 region al 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 applicantresponse. 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 thepermitting authority made available prehearing information relating to the proposedinstallation or modification. Further, the permitting authority shall prepare written response to all comments and make themavailable 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 thepermitting authority made available prehearing information and public comments relatingto 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 inparagraph (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, thepermitting 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 includeall 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, thepermitting 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 thefinal determination within ninety (90) calendar days after receipt of the complete application involves performing the same publicparticipation 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 laterthan 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 mayemploy 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 10-6employing 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 wouldnot, 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 statethat 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 contributeto an unreasonable risk to public health, welfare, or safety in its operation, function, or malfunction; orC. 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 ambientconcentrations 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 adjustmentis 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 Guidefor 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 willbe 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 authorityshall 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 shallexclude 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 sections2(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 emissionsfrom construction or other temporary emission-related activities, ho wever;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 morethan 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 thepublic 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 thechange 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 noadverse impact on the air quality-related values of any federal mandatory Class I area (including visibility), notwithstanding thatthe 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 toassure 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) J ASON K ANDER Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionMaximum
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 whohas been denied an FLM’s certification pursuant to paragraph (12)(H)1. of this ruledemonstrates 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 theair 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 apublic hearing, a variance from these maximum allowable increases.B. If a variance is granted, the permitting authority may issue a permit to aninstallation 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 thepresident 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 allowableincreases 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 allowableincreases 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 inthe 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 nation al 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 whoselands 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 forthe 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 thehearing 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 substategeneral 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 beenapproved by the commission and the governor; (III) The redesignation has been approved by the governor after consultationwith the appropriate committees of the legislature if it is in session, or with the leadership of the legislature if it is not in session;

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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(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 anyair pollutant which would exceed any maximum allowable increase permitted under theclassification 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 andany 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 notbe required to submit a hazardous air pollutant air quality analysis for applications having a maximum design capacity no more thanthe 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 modificationwill 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 ProgramAdvisory 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, 10CSR 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 equipmentis exempt from 10 CSR 10-6.060 if the equipment emits only combustion products, andthe 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 petroleumgas 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 hourcapacity provided the oven does not emit pollutants other than the combustion products and the oven is fired exclusively by naturalgas, 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 exclusivelyby 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 hourheat 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 livestockoperations, including animal feeding operations and concentrated animal feeding operations as those terms are defined by 40 CFR
122.23 and all manure sto rage and application systems associated with livestock markets or livestock operations, that were constructed on or before November 30, 2003. This exemptionincludes any change, installation, construction, or reconstruction of a pro cess, process

62 CODE OF STATE REGULATIONS (9/30/13) J ASON K ANDER 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 th e end of the proposed rulemaking under the Notice of Public Hearing an d 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 inco rporate by reference the U.S. En vironmental Protection Agency's (EPA's) revisions to plantwide applicability limi tations (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 docume nts 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 ma tter as a surrogate for fine partic ulate matter during the transition to PM2.5 permitting. This administrative change which will up date 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 test ing, 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 th at the brewery sulf ur 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 de finitions 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 Emission s From Upwind Sources Pa g e 1 of 3 Rulemakin g s on Public Notice - DNR

4/16/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

## 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 en ded 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 Matt er 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 ca n 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 Fe es, and Process Information

This proposed amendment will refere nce 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 requir ed in emission reports and clarifie s the types and frequency of reports to be submitted to the department ’s Air Pollution Control Program fo r 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 amendmen t 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. Pa g e 2 of 3 Rulemakin g s on Public Notice - DNR

4/16/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm1 

## Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com> Sent: Wednesday, 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 em ail 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 an y questions, please contact Wendy Vi t with the Air Pollution Control Program at (573) 526-3167 or wendy.vit@dnr.mo.gov

.

MISSOURI AIR CONSER VATION COMMISSION
WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Thursday, May 30, 2013 beginning at 9 a. m. at the Elm Street Conferen ce Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the fo llowing proposed action(s):

* 10 CSR 10-6.060 (amendme nt) Construction Permits Required

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

* 10 CSR 10-6.345 (rescission) Control of NO
x 

## Emissions From Upwind Sources

The above rule action will not be submitted for incl usion 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) Restrictio n of Emission of Particulate Matter From Industrial
Processes

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

The above rule action will be submitted for inclusi on in the Missouri State Implementation Plan and the Missouri Title V program.2 

## * 10 CSR 10-6.390 (amendment) Control of NO
x 

## Emissions From Large Stationary Internal Combustion Engines

* Missouri State Implementation Plan – Section 110 Infrastructure Re quirements for the 2008 Ozone National Ambient Air Quality Standard

* Missouri State Implementation Plan – S ection 110 Infrastructure Requi rements for the 2010 Sulfur Dioxide (SO 2 

## ) National Ambient Air Quality Standard

If the Commission adopts the action(s), it will be the De partment’s intention to submit the action(s) to the U.S. Environmental Protection Agency to be incl uded in Missouri’s State Implementation Plan unless
otherwise noted above.

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

The Department will accept written or email 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 hear ing testimony will be equally considered.

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

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

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

Update your subscriptions, modify your password or email address, or st op subscriptions at any time on your Subscriber Preferences Page . You will need to use your email addre ss to log in. If you have questions or

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

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This service is provide d 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

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 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 Emission s

7 from Upwind Sources

8 10 CSR 10-6.400 (amendment) Restriction of Emissio n 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 Emissi ons

from Large Stationary Internal Combustion Engines

12

Missouri State Implementation Plan - Section 110

13 Infrastructure Requirements:

14 2008 Ozone National Ambient Air Quality Stan dard

2010 SO2 National Ambient Air Quality Standard

15

16

17

18

19

20

21

22

23

24

25

### Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 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 commissione rs

6 are present: Jack Baker, Mark Garnett, Gary

7 Pendergrass, and David Zimmerman. The Air

8 Conservation Commission of the State of Missouri h as

9 called this public hearing pursuant to Section

10 643.070, Revised Statutes of Missouri; EPA promul gated

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 Stati onary

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 Qua lity

25 Standard, 2010 SO2 National Ambient Air Quality

### Public Hearing 5/30/2013

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



### 1 comment on the Department of Natural Resources'

2 website at least 30 days prior to this public hear ing.

3 We also published the proposed rulemakings, includ ing

4 a notice of public hearing, in the Missouri Regist er

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 contr ol

13 agencies; Illinois, Kansas, and other surrounding

14 states; and the U.S. Environmental Protection Age ncy

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 employe d

21 with the Missouri Department of Natural Resources ' Air

22 Pollution Control Program. I work at 1659 East E lm

23 Street in Jefferson City, Missouri.

24 I'm here to present testimony for the

25 proposed amendment to 10 CSR 10-6.060, Constructi on

### Public Hearing 5/30/2013

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



### 1 Permits Required. Rule information begins on page 81

2 of the briefing document.

3 The proposed rulemaking will incorpora te 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. T hese

8 revisions give facilities subject to greenhouse ga s

9 permitting the option of establishing plant-wide

10 applicability limitations on a carbon dioxide

11 equivalent basis. With Step 3 of the Tailoring R ule,

12 EPA retained the current greenhouse gas permittin g

13 thresholds, ensuring that greenhouse gas permitti ng

14 requirements continue to apply to large sources o nly.

15 In addition, this rulemaking will:

16 Modify the notification period for in itial

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

18 start date in order to improve tracking of

19 new/modified equipment and testing;

20 Clarify that de minimis permit air qu ality

21 analysis must not exceed both the National Ambien t Air

22 Quality Standards and Missouri-only ambient stand ards

23 set in 10 CSR 10-6.010;

24 Incorporate an EPA correction to the

25 definition of regulated new source reviewed pollu tant.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 certainsources 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. EnvironmentalProtection Agency (EPA) rules that revise plantwide applicability limitations for greenhouse gases (GHGs), repeal the grandfather provision for particulate matter less than 2.5 micrometers (PM 2.5

) underthe prevention of significant deterioration (PSD) program, and correct the definition of regulated New Source Review (NSR) pollutant inthe NSR program. At the same time, the notification period for initial equipment start-up is being modified to improve tracking ofnew/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 PM 2.5 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 ruleapplies. 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 insubsection (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 analysisfor 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 insubsection (11)(A) Table 1, of this rule, over the baseline concentration in any attainment or unclassified area; orC. 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 RegisterB. 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 ofthe 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; and5. The permitting authority may require monitoring of visibility in any Class I area (those designated in paragraph (12)(I)3. of thisrule) 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) Plandisapproval, (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 6 5107 pr omulgated 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 . Originalrule 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 rulemaki ngs.

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 ImplementationPlan. 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 adda reference to applicable year(s) for set emission fees, clarify information required in emission reports, clarify types and frequency ofreports 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. EnvironmentalProtection 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 PM 2.5 size fraction and, therefore, all of it is a component of both primary PM 2.5 and primary
PM 10 ;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 PM 2.5 is particulate matter with an aerodynamic diameter equal to or less than 2.5 micrometers. Filterable
PM 10 is particulate matter with an aerodynamic diameter equal to or less than 10 micrometers; and3. 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 NaturalResources’ 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 

# T his section will contain the final text of the rules proposedby 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 proposedrulemaking 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 lessthan thirty (30) days after the date of publication of the revision to the Code of State Regulations

. 

# T he agency is also required to make a brief summary of the 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 M ISSOURI R EGISTERCOMMENT #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) shouldhave 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 thegrandfather provisions of particulate matters less than 2.5 micrometers (PM 2.5 ) 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 ruleapplies. 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 analysisfor 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 ofthe 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 ofthe 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 thisrule) 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 (NO
x 

## ) 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 NO
x 

## 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 (PM 2 .5 

## ) 4, 24-hour Particulate matter—10 micron (PM 1 0 

## ) 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 Quarterly 1 

## 3 consecutive monthly averages Yearly 2 

## 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

SO 2 

## 1.0 5 25

PM 10 

## 1.0 5

PM 2.5 

## 0.3 1.2

NO 2 

## 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.