Missouri Code of State Regulations › 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 › Section 10 CSR 10-5.570 - Control of Sulfur Emissions From Stationary Boilers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rulemaking is to correct
				  references to other state and federal rules within this rule to address U.S.
				  Environmental Protection Agency (EPA) concerns so that it can be approved into
				  the Missouri State Implementation Plan (SIP). Additionally, this rulemaking
				  will also make administrative updates. This rulemaking will be developed to
				  maintain consistency with the criteria in Section 3c of Executive Order 17-03
				  for all new and existing regulations. The evidence supporting the need for this
				  proposed rulemaking, per 536.016, RSMo, is an EPA email, dated September 18,
				  2018.
PURPOSE: This rule maintains fine particle
				  (PM2.5 ) emission reductions by limiting sulfur dioxide
				  (SO2 ) emissions from industrial boilers in the St.
				  Louis area for the 1997 Annual PM2.5 National Ambient
				  Air Quality Standard. These SO2 emission requirements
				  serve to maintain PM2.5 emission reductions in the St.
				  Louis area in compliance with the federal Clean Air Fine Particle
				  Implementation Rule and thereby reduce the risk of PM2.5
				  violations and the risk of redesignation and/or sanctions by the U.S.
				  Environmental Protection Agency.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Applicability. This rule applies to all
				applicable installations located in the counties of Franklin, Jefferson, St.
				Charles, St. Louis, and the City of St. Louis.
(A) This rule applies to installations that
				own or operate an industrial, commercial, or institutional boiler or process
				heater that has a nameplate capacity greater than fifty (50) million British
				thermal units (mmBtu) per hour.
(B)
				Installations affected by this rule shall be in compliance no later than
				December 31, 2010.
(C) The types of
				boilers and process heaters listed in paragraphs (1)(C)1. through 5. of this
				rule are not subject to this rule.
1. Any
				unit subject to and in compliance with the Phase II Acid Rain program ( 40 CFR
				96 subpart AAA).
2. A boiler or
				process heater that is used specifically for research and development. This
				does not include units that only provide heat or steam commercially to a
				process at a research and development installation.
3. Temporary boilers as defined in section
				(2) of this rule.
4. Any unit under
				subsection (1)(A) of this rule which demonstrates, using the emission
				estimation methods outlined in section (5) of this rule, that the unit's mass
				sulfur dioxide (SO2) emissions are twenty-five (25) tons
				or less during the calendar year. To the extent such demonstration relies on
				pollution control equipment or operational controls, such controls must be
				enforceable.
5. Boilers that
				exclusively burn natural gas, liquefied petroleum (LP) gas, and/or fuel oil
				number two (2) with less than five-tenths percent (0.5%) sulfur, at the option
				of the installation.
6. Loss of
				exemption. If the exemption limit in paragraph (1)(C)4. of this rule is
				exceeded, the exemption no longer applies and the owner or operator must notify
				the staff director or designee within thirty (30) days of such event. If the
				owner or operator can demonstrate to the staff director or designee that the
				exemption limit was exceeded due to emergency operations or uncontrolled
				circumstances, the exemption in paragraph (1)(C)4. of this rule is reinstated.
				Emergency events include the use of boilers to produce power for critical
				networks or equipment when electric power from the local utility or the normal
				power source, if the installation runs on its own power production, is
				interrupted, or the use of boilers to pump water in the case of fire or flood,
				etc. The use of boilers to reduce electricity drawn from a power utility during
				utility designated peak time periods, to supply power to an electric grid, or
				to supply power as part of a financial arrangement with another entity is not
				considered an emergency event.
7.
				Compliance with this rule does not relieve any owner or operator of the
				responsibility to comply fully with applicable provisions of the Air
				Conservation Law or any other requirements under local, state, or federal law.
				Specifically, compliance with this rule shall not violate the permit conditions
				previously established under
				10 CSR
				10-6.060 or
				10 CSR
				10-6.065.