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 10-6.060 - Construction Permits Required

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines sources required to obtain
				  permits to construct. It establishes: requirements to be met prior to
				  construction or modification of any sources; a procedure for a source to
				  voluntarily obtain a permit for implementing practically enforceable
				  conditions; a procedure for the permitting authority to issue general permits;
				  permit fees; and public notice requirements for certain permits. This proposed
				  amendment will remove erroneous references to incorporation by reference
				  information in 10 CSR
				  10-6.030(21) and
				  10 CSR
				  10-6.075(3)(A), and add the
				  appropriate incorporation by reference information to this rule. Rule
				  10 CSR
				  10-6.030 is being amended to address EPA concerns
				  regarding the incorporation by reference of certain federal regulations. After
				  reviewing references to 10 CSR 10 -6.030 and other cross references in 10 CSR
				  10-6.060 for potential issues, these changes were deemed necessary. In
				  addition, this proposed amendment will make typographical corrections and
				  clarify the definition of "portable equipment installation" by explicitly
				  stating that "any other air pollutant" includes the subcategories of
				  particulate matter (PM): PM10 and
				  PM2.5. The adoption of this proposed amendment will
				  ensure this rule can be approved by EPA and replace the current version in the
				  Missouri SIP. The evidence supporting the need for this proposed rulemaking,
				  per 536.016, RSMo, is an EPA comment letter dated September 18,
				  2018.
(1) Applicability.
(A) Construction Permit Required. The owner
				or operator of a new or existing installation throughout Missouri that meets
				any of the following provisions must obtain a permit:
1. Before construction of a new installation
				that results in a potential to emit greater than de minimis threshold
				levels;
2. Before new construction
				and/or modification that results in an emission increase greater than the de
				minimis threshold levels at an existing installation with potential to emit
				less than de minimis threshold levels;
3. Before new construction and/or
				modification that results in an emission increase at an existing installation
				whose potential to emit exceeds de minimis threshold levels or is less than de
				minimis threshold levels due to taking practically enforceable requirements in
				a permit;
4. The new construction
				and/or modification is a major modification as defined -
A. Under
				40 CFR
				52.21(b)(2), which is
				incorporated by reference in subsection (8)(A) of this rule, for pollutants in
				attainment and unclassified areas; or
B. Under
				40 CFR
				51.165(a)(1)(v), which is
				incorporated by reference in paragraph (7)(A)2. of this rule, for pollutants in
				nonattainment areas; or
5. Before construction of an
				incinerator.