Missouri Code of State Regulations › 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 › Section 10 CSR 10-6.062 - Construction Permits By Rule

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule creates a process by which sources
				  can be exempt from 10 CSR 10-6.060 Construction
				  Permits Required, by establishing conditions under which specific sources can
				  construct and operate. The purpose of this amendment is to amend paragraph
				  (3)(B)2. and subparagraph (3)(B)2.A. to remove provision allowing the burning
				  of illegal and waste pharmaceutical drugs in crematories and animal
				  incinerators, and change a reference made to another state rule. The
				  Environmental Protection Agency (EPA) finalized a rule, Management Standards
				  for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for
				  Nicotine (84 Federal Register, February 22, 2019) that adds new management
				  standards for waste pharmaceuticals. EPA's rule, 40 CFR 266 Subpart P imposes
				  additional requirements on the disposal of waste pharmaceuticals and does not
				  allow burning of waste pharmaceuticals from take-back programs in human and
				  animal crematoriums. Part (3)(B)3.D(III) refers to the Screening Model Action
				  Levels (SMALs) as being at
				  10 CSR
				  10-6.060(12)(J); however,
				  10 CSR
				  10-6.060 has recently been revised such that the SMALs
				  are now at 10 CSR
				  10-6.060(5)(F) 6.A. The evidence
				  supporting the need for this proposed rulemaking, per 536.016, RSMo, is an
				  amendment to 40 CFR 266 and a Rule Comment Form.
(1) Applicability. This rule applies to
				certain types of facilities or changes within facilities listed in this rule
				where construction is commenced on or after the effective date of the relevant
				permit-by-rule. To qualify for a permit-by-rule, the following general
				requirements must be met:
(A) Any
				installation undergoing activities that would otherwise be subject to section
				(7), (8), or (9) of
				10 CSR
				10-6.060 does not qualify for permit-by-rule under
				this regulation. Installations accepting the permit-by-rule emission
				limitations can use those limitations to determine whether the installation is
				subject to section (7), (8), or (9) of
				10 CSR
				10-6.060;
(B) The installation is not prohibited from
				permit-by-rule by permit conditions, by settlement agreements or by official
				notification from the director;
(C)
				All emission control equipment associated with the permit-by-rule shall be
				maintained and operated in accordance with the equipment specifications of the
				manufacturer;
(D) Obtaining a
				permit-by-rule under this regulation does not exempt an installation from other
				applicable air pollution regulations or any local air pollution control agency
				requirements; and
(E) The director
				may require an air quality analysis in addition to the general requirements
				listed in subsection (3)(B) of this rule if it is likely that the 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. The permit-by-rule may be revoked if it is determined that
				emissions from the source interfere with the attainment or maintenance of
				ambient air quality standards.