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 10-6.376 - Cross-State Air Pollution Rule Annual SO[2] Group 1 Trading Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rule is to have Missouri
				  responsible for the Cross-State Air Pollution Rule (CSAPR) Sulfur Dioxide
				  (SO2) Group 1 Trading Program rather than the U.S.
				  Environmental Protection Agency. This rule also provides the process to
				  allocate allowances to affected units in Missouri for compliance with the CSAPR
				  SO2 Group 1 Trading Program. The purpose of this
				  amendment is to adjust emission allowances pursuant to the CSAPR Sulfur Dioxide
				  SO2 Group 1 Trading Program. This amendment will return
				  one thousand three hundred (1,300) allowances (tons) SO2
				  emission allowances to Iatan Unit 1 from the Asbury Power Plant. The 2015
				  amendment to this rule reallocated these one thousand three hundred (1,300)
				  allowances (tons) SO2 emission allowances from Iatan
				  Unit 1 to Asbury based on ownership share per a request from industry. Asbury
				  is retired as of March 2020, and Liberty Utilities and Evergy have requested to
				  transfer the one thousand three hundred (1,300) credits back to Iatan Unit 1
				  before they are forfeited to the new unit set-aside and redistributed to other
				  emission units. This rulemaking reverses the 2015 reallocation of one thousand
				  three hundred (1,300) allowances (tons) SO2 emission
				  allowances. Asbury's remaining three thousand one hundred eighty (3,180)
				  allowances (tons) allowances will be transferred to the new unit set-aside and
				  redistributed, as is the case for any unit that retires under the program. In
				  addition, there is a minor administrative change clarifying the list of
				  exceptions to this rule. Pursuant to section
				  536.016,
				  RSMo, the evidence supporting the need for this proposed amendment is that
				  40
				  CFR 52.39(f)(6) requires the
				  Department of Natural Resources to submit a SIP revision to EPA by December 1
				  of the year before the year in which the department sends the allowance
				  allocations to EPA. Since Asbury did not operate in 2020, the allowance
				  allocation submission set to be made in June 2022 will be the first submission
				  where the one thousand three hundred (1,300) allowances (tons) emission
				  allowances would be forfeited if not reallocated. Therefore, it is necessary to
				  submit this amendment (SIP revision) to EPA by December 1,
				  2021.
(1) Applicability.
(A) Unless otherwise noted in subsection
				(1)(B) of this rule, the provisions of
				40
				CFR 97.602 through
				40
				CFR 97.635 promulgated as of July 1, 2018 are
				hereby incorporated by reference as published by the Office of the Federal
				Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710
				N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any
				subsequent amendments or additions.
(B) Exceptions.
The following provisions are not adopted by reference in
				  subsection (1)(A) of this rule, nor are they replaced by any provisions in this
				  rule:
1.
											40
				CFR 97.611(a);
2.
											40
				CFR 97.611(b)(1);
3.
											40 CFR
				97.612(a);
4.
											40
				CFR 97.611(b)(2);
5.
											40
				CFR
				97.611(c)(5)(iii);
6.
											40 CFR
				97.612(b);
7.
											40
				CFR 97.621(h); and
8.
											40
				CFR 97.621(j).