10c10-6â€”Air Conservation Commission

Rules of

Department of Natural ResourcesDivision 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

Title Page

10 CSR 10-6.010 Ambient Air Quality Standards ..............................................................3

10 CSR 10-6.020 Definitions and Common Reference Tables ................................................4

10 CSR 10-6.030 Sampling Methods for Air Pollution Sources ............................................18

10 CSR 10-6.040 Reference Methods............................................................................19

10 CSR 10-6.050 Start-Up, Shutdown and Malfunction Conditions .......................................20

10 CSR 10-6.060 Construction Permits Required .............................................................21

10 CSR 10-6.061 Construction Permit Exemptions ...........................................................35

10 CSR 10-6.062 Construction Permits By Rule ..............................................................39

10 CSR 10-6.065 Operating Permits .............................................................................41

10 CSR 10-6.070 New Source Performance Regulations.....................................................60

10 CSR 10-6.075 Maximum Achievable Control Technology Regulations ................................62

10 CSR 10-6.080 Emission Standards for Hazardous Air Pollutants .......................................63

10 CSR 10-6.090 Restriction of Emission of Fluorides From Primary AluminumReduction Installations ......................................................................64

10 CSR 10-6.100 Alternate Emission Limits ...................................................................65

10 CSR 10-6.110 Submission of Emission Data, Emission Fees and Process Information ............67

10 CSR 10-6.120 Restriction of Emissions of Lead From Specific LeadSmelter-Refinery Installations..............................................................69

10 CSR 10-6.130 Controlling Emissions During Episodes of High Air Pollution Potential........................................................................................70

10 CSR 10-6.140 Restriction of Emissions Credit for Reduced Pollutant ConcentrationsFrom the Use of Dispersion Techniques .................................................74

CODE OF STATE REGULATIONS 1ROBIN CARNAHAN (6/30/06)Secretary of State

2 CODE OF STATE REGULATIONS

10 CSR 10-6.150 Circumvention .................................................................................75

10 CSR 10-6.160 Medical Waste and Solid Waste Incinerators (Voided March 29, 1993) .............75

10 CSR 10-6.170 Restriction of Particulate Matter to the Ambient AirBeyond the Premises of Origin ............................................................75

10 CSR 10-6.180 Measurement of Emissions of Air Contaminants ........................................75

10 CSR 10-6.190 Sewage Sludge and Industrial Waste Incinerators (Voided March 29, 1993)........75

10 CSR 10-6.200 Hospital, Medical, Infectious Waste Incinerators........................................75

10 CSR 10-6.210 Confidential Information.....................................................................87

10 CSR 10-6.220 Restriction of Emission of Visible Air Contaminants...................................88

10 CSR 10-6.230 Administrative Penalties......................................................................90

10 CSR 10-6.240 Asbestos Abatement Projects—Registration, Notification andPerformance Requirements (Rescinded September 30, 2004) ........................92

10 CSR 10-6.241 Asbestos Projects—Registration, Notification andPerformance Requirements .................................................................92

10 CSR 10-6.250 Asbestos Projects—Certification, Accreditation and Business Exemption Requirements ........................................................94

10 CSR 10-6.260 Restriction of Emission of Sulfur Compounds ...........................................96

10 CSR 10-6.270 Acid Rain Source Permits Required ......................................................101

10 CSR 10-6.280 Compliance Monitoring Usage ............................................................101

10 CSR 10-6.300 Conformity of General Federal Actions to State Implementation Plans ............102

10 CSR 10-6.310 Restriction of Emissions from Municipal Solid Waste Landfills ....................109

10 CSR 10-6.320 Sales Tax Exemption ........................................................................120

10 CSR 10-6.330 Restriction of Emissions from Batch-Type Charcoal Kilns...........................121

10 CSR 10-6.350 Emission Limitations and Emissions Trading of Oxides of Nitrogen...............123

10 CSR 10-6.360 Control of NOx Emissions From Electric Generating Units and

Non-Electric Generating Boilers .........................................................131

10 CSR 10-6.380 Control of NOx Emissions From Portland Cement Kilns.............................152

10 CSR 10-6.390 Control of NOx Emissions From Large Stationary Internal

Combustion Engines .......................................................................153

10 CSR 10-6.400 Restriction of Emission of Particulate Matter From Industrial Processes..........155

10 CSR 10-6.410 Emissions Banking and Trading...........................................................156

(6/30/06) ROBIN CARNAHANSecretary of State


Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods andAir Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

Pollutant Concentration Method Remarks Pollutant Concentration Method Remarks

1. Particulate 50 micrograms As specified 3-year average of 4. Photo- 0.12 ppm (235 As specified 1-hour average.matter 10 per cubic meter in 10 CSR 10- annual arithmetic chemical micrograms per in 10 CSR 10- Not more than onemicron (PM10) 6.040(4)(J) mean oxidants cubic meter) 6.040(4)(D) expected exceedance,

150 micrograms 24-hour average (1-hour 3-year averageper cubic meter concentration. Not ozone) (see 10 CSR 10-

more than one 6.040(4)(H))expected exceedance,3-year average (see10 CSR 10-6.040(4) Photo- 0.08 ppm As specified 8-hour standard(K)) chemical in 10 CSR 10- not to exceed 3-

oxidants 6.040(4)(D) year average of theParticulate 15 micrograms As specified 3-year average of (8-hour 4th highest dailymatter 2.5 per cubic meter in 10 CSR 10- annual arithmetic ozone) maximum (see 10micron (PM2.5) 6.040(4)(L) mean CSR 10-6.040(4)(I))

5. Nitrogen 0.05 ppm As specified Annual arithmetic65 micrograms 24-hour average dioxide (100 micrograms in 10 CSR 10- mean not to beper cubic meter concentration per cubic meter 6.040(4)(F) exceeded

98th percentile ofmonitored daily 6. Hydrogen 0.05 ppm As specified 1/2-hour average notconcentration (see 10 sulfide (70 micrograms in 10 CSR 10- to be exceeded overCSR 10-6.040(4)(M)) per cubic meter) 6.040(5) 2 times per year

2. Sulfur 0.03 ppm As specified Annualdioxide (80 micrograms in 10 CSR 10- arithmetic 0.03 ppm 1/2-hour average not

per cubic meter) 6.040(4)(A) mean (42 micrograms to be exceeded over0.14 ppm (365 24-hour average not per cubic meter) 2 times in any 5micrograms per to be exceeded more consecutive dayscubic meter) than once per year

7. Sulfuric 10 micrograms As specified 24-hour average0.5 ppm (1,300 3-hour average not acid per cubic meter in 10 CSR 10- not to be exceededmicrograms per to be exceeded more 6.040(6) more than once incubic meter than once per year any 90 consecutive

days

3. Carbon 9 ppm (10,000 As specified 8-hour average 30 micrograms 1-hour averagemonoxide micrograms per in 10 CSR 10- not to be exceeded per cubic meter not to be exceeded

cubic meter) 6.040(4)(C) more than once per more than once inyear any 2 consecutive

days

35 ppm (40,000 1-hour average 8. Lead 1.5 micrograms As specified Calendar quartermicrograms per not to be exceeded per cubic meter in 10 CSR arithmetic meancubic meter) more than once per 10-6.040(4)(G) not to be excceded

year

Title 10—DEPARTMENT OFNATURAL RESOURCES

Division 10—Air ConservationCommission

Chapter 6—Air Quality Standards,Definitions, Sampling and Reference

Methods and Air Pollution Control Regulations

for the Entire State of Missouri

10 CSR 10-6.010 Ambient Air Quality

Standards

PURPOSE: This rule provides long-range goalsfor ambient air quality throughout Missouri inorder to protect the public health and welfare.

AUTHORITY: section 643.050, RSMo 2000.* Orig-inal rule filed Aug. 16, 1977, effective Feb. 11,1978. Amended: Filed Dec. 10, 1979, effectiveApril 11, 1980. Amended: Filed Jan. 5, 1988,effective April 28, 1988. Amended: Filed July 6,2005, effective Feb. 28, 2006.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992,1993, 1995.

10 CSR 10-6.020 Definitions and Common

Reference Tables

PURPOSE: This rule defines key words andexpressions used in chapters 1 through 6 andprovides common reference tables.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency atits headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.

(1) Applicability. This rule shall applythroughout Missouri defining terms andexpressions used in all Title 10, Division10—Air Conservation Commission rules.

(2) Definitions.(A) All terms beginning with “A.”

1. Abatement project designer—Anindividual who designs or plans AsbestosHazard Emergency Response Act (AHERA)asbestos abatement.

2. Accumulator—The reservoir of a con-densing unit receiving the condensate fromthe condenser.

3. Act—The Clean Air Act, 42 U.S.C.7401. References to the word Title pertain tothe titles of the Clean Air Act Amendments of1990, P.L. 101-595.

4. Actual emissions—The actual rate ofemissions of a pollutant from a source opera-tion is determined as follows: 1) actual emis-sions as of a particular date shall equal theaverage rate, in tons per year, at which thesource operation or installation actually emit-ted the pollutant during the previous two (2)-year period and which represents normaloperation. A different time period for averag-ing may be used if the director determines itto be more representative. Actual emissionsshall be calculated using actual operatinghours, production rates and types of materialsprocessed, stored or combusted during theselected time period; 2) the director may pre-sume that source-specific allowable emissionsfor a source operation or installation areequivalent to the actual emissions of thesource operation or installation; and 3) forsource operations or installations which havenot begun normal operations on the particu-lar date, actual emissions shall equal thepotential emissions of the source operation orinstallation on that date.

5. Adequately wet—To sufficiently mixor penetrate with liquid to prevent the releaseof particulates. If visible emissions areobserved coming from asbestos-containingmaterial, then that material has not been ade-quately wetted. However, the absence of vis-ible emissions is not sufficient evidence ofbeing adequately wet.

6. Administrator—The regional admin-istrator for Region VII, U. S. EnvironmentalProtection Agency (EPA).

7. Adsorption cycle—The period duringwhich the adsorption system is adsorbing andnot desorbing.

8. Adverse impact on visibility—Thevisibility impairment which interferes withthe protection, preservation, management orenjoyment of the visitor’s visual experienceof a Class I area, which is an area designatedas Class I in 10 CSR 10-6.060(11)(A)2. Thisdetermination must be made on a case-by-case basis taking into account the geographicextent, intensity, duration, frequency andtime of visibility impairments, and how thesefactors correlate with the times of visitor useof the Class I area and the frequency and tim-ing of natural conditions that reduce visibili-ty.

9. Aerospace assembly and compo-nents—The fabricated part, assembly of partsor completed unit of aircraft, helicopter, mis-sile or space vehicle or associated equipment.

10. Affected source—A source thatincludes one (1) or more emission units sub-ject to emission reduction requirements orlimitations under Title IV of the Act.

11. Affected states—All states contigu-ous to the permitting state whose air qualitymay be affected by the modification, renewalor issuance of, or is within fifty (50) miles of,a source subject to permitting under Title Vof the Act.

12. Affected unit—A unit that is subjectto emission reduction requirements or limita-tions under Title IV of the Act.

13. Aggressive air sampling—Sweepingof floors, ceilings and walls and other sur-faces with the exhaust of a minimum of one(1) horsepower leafblower or equivalentimmediately prior to air monitoring.

14. Agricultural incinerator—An incin-erator which is located on a farm or ranchand which has a rated burning capacity ofless than one hundred pounds (100 lbs.) perhour of Type IV waste as defined by theIncinerator Standards of the Incinerator Insti-tute of America (11A—STDS66) and is locat-ed more than fifteen hundred feet (1500')from the nearest inhabited dwelling not onthe farm or ranch.

15. AHERA—Asbestos Hazard Emer-gency Response Act of 1986 (P.L. 99-519).

16. Air cleaning device—Any method,process or equipment which removes,

reduces or renders less obnoxious air conta-minants discharged into the ambient air.

17. Air contaminant—Any particulatematter or any gas or vapor or any combina-tion of them.

18. Air contaminant source—Any andall sources of emission of air contaminantswhether privately or publicly owned or oper-ated.

19. Air-dried coating—The coatingswhich are dried by the use of air or forcedwarm air at temperatures up to ninety degreesCelsius (90°C) (one hundred ninety-fourdegrees Fahrenheit (194°F)).

20. Air pollution—The presence in theambient air of one (1) or more air contami-nants in quantities, of characteristics and of aduration which directly and approximatelycause or contribute to injury to human, plantor animal life or health, or to property orwhich unreasonably interfere with the enjoy-ment of life or use of property.

21. Allowable emissions—The emissionrate calculated using the maximum ratedcapacity of the installation (unless the sourceis subject to enforceable permit conditionswhich limit the operating rate or hours ofoperation, or both) and the most stringent ofthe following: 1) emission limit established inany applicable emissions control rule includ-ing those with a future compliance date or 2)the emission rate specified as a permit condi-tion.

22. Allowance—An authorization, allo-cated to an affected unit by the administratorunder Title IV of the Act, to emit, during orafter a specified calendar year, one (1) ton ofsulfur dioxide (SO2).

23. Alternate site analysis—An analysisof alternative sites, sizes, production process-es and environmental control techniques forthe proposed source which demonstrates thatbenefits of the proposed installation signifi-cantly outweigh the environmental and socialcosts imposed as a result of its location, con-struction or modification.

24. Ambient air—All space outside ofbuildings, stacks or exterior ducts.

25. Ambient air increments—The limit-ed increases of pollutant concentrations inambient air over the baseline concentration.

26. Anode bake plant—A facility whichproduces carbon anodes for use in a primaryaluminum reduction installation.

27. Applicable requirement—All of thefollowing listed in the Act:

A. Any standard or requirement pro-vided for in the implementation planapproved or promulgated by EPA throughrulemaking under Title I of the Act that

4 CODE OF STATE REGULATIONS (1/29/06) ROBIN CARNAHANSecretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

implements the relevant requirements, includ-ing any revisions to that plan promulgated in40 CFR part 52;

B. Any term or condition of any pre-construction permit issued pursuant to regu-lations approved or promulgated throughrulemaking under Title I, including part C orD of the Act;

C. Any standard or requirementunder section 111 of the Act, including sec-tion 111(d);

D. Any standard or requirementunder section 112 of the Act, including anyrequirement concerning accident preventionunder section 112(r)(7);

E. Any standard or requirement of theacid rain program under Title IV of the Actor the regulations promulgated under it;

F. Any requirements established pur-suant to section 504(b) or section 114(a)(3) ofthe Act;

G. Any standard or requirement gov-erning solid waste incineration, under section129 of the Act;

H. Any standard or requirement forconsumer and commercial products, undersection 183(e) of the Act;

I. Any standard or requirement fortank vessels under section 183(f) of the Act;

J. Any standard or requirement of theprogram to control air pollution from outercontinental shelf sources, under section 328of the Act;

K. Any standard or requirement of theregulations promulgated to protect stratos-pheric ozone under Title VI of the Act, unlessthe administrator has determined that theserequirements need not be contained in a TitleV permit;

L. Any national ambient air qualitystandard or increment or visibility require-ment under part C of Title I of the Act, butonly as it would apply to temporary sourcespermitted pursuant to section 504(e); and

M. Any standard or requirementestablished in sections 643.010–643.190,RSMo of the Missouri Air Conservation Lawand rules adopted under them.

28. Appropriate warning sign—Anyasbestos hazard warning sign that complieswith the regulations of the United StatesOccupational Safety and Health Admini-stration (OSHA) or the EPA rules.

29. Approved source—A source of fuelwhich has been found by the departmentdirector, after the tests as s/he may require, tobe in compliance with these rules.

30. Approved waste disposal site—Asolid waste disposal area that is authorized bythe department to receive friable asbestoscontaining solid wastes.

31. Area of the state—Any geographicalarea designated by the commission.

32. Asbestos—The asbestiform varietiesof chrysotile, crocidolite, amosite, anthophyl-lite, tremolite and actinolite.

33. Asbestos abatement—The encapsu-lation, enclosure or removal of asbestos-con-taining materials, in or from a building, or aircontaminant source; or preparation of friableasbestos-containing material prior to demoli-tion.

34. Asbestos abatement contractor—Any person who by agreement, contractual orotherwise, conducts asbestos abatement pro-jects at a location other than his/her ownplace of business.

35. Asbestos abatement project—Anactivity undertaken to encapsulate, enclose orremove ten (10) square feet or sixteen (16)linear feet or more of friable asbestos-con-taining materials from buildings and other aircontaminant sources, or to demolish build-ings and other air contaminant sources con-taining ten (10) square feet or sixteen (16)linear feet or more.

36. Asbestos abatement supervisor—Anindividual who directs, controls or supervis-es others in asbestos abatement projects.

37. Asbestos abatement worker—Anindividual who engages in asbestos abatementprojects.

38. Asbestos air sampling professional—An individual who by qualifications andexperience is proficient in asbestos abatementair monitoring. The individual shall conduct,oversee or be responsible for air monitoringof asbestos abatement projects before, duringand after the project has been completed.

39. Asbestos air sampling technician—An individual who has been trained by an airsampling professional to do air monitoring.That individual conducts air monitoring of anasbestos abatement project before, during andafter the project has been completed.

40. Asbestos caution label—A label thatcomplies with applicable EPA, Department ofTransportation (DOT) and OSHA rulerequirements and is to be securely affixed toa waste container that contains friableasbestos materials.

41. Asbestos-containing material(ACM)—Any material or product which con-tains more than one percent (1%) asbestos,by weight.

42. Asbestos debris—Material thatresults from removal or deterioration of as-bestos-containing material.

43. Asbestos dismantling project—Anasbestos abatement project that includes thedisassembling, handling and moving of thecomponents of any structural or equipmentitem that has been coated with friableasbestos-containing material without firstremoving this material.

44. Asbestos encapsulation project—Anasbestos abatement project involving the

coating of a friable asbestos-containing sur-face material with a sealing substance withthe intended purpose of preventing the con-tinued release of asbestos fibers from thematerial into the air. This definition shall notinclude:

A. The repainting of a previouslypainted asbestos-containing surface primarilyfor the purpose of improving appearance;

B. The application of a sealing mater-ial to a surface subsequent to the removal ofasbestos from it;

C. The application of an encapsulantto asbestos-containing material while thematerial is being removed;

D. The application of a sealing sub-stance to less than ten (10) square feet or lessthan sixteen (16) linear feet of friableasbestos-containing material that is contigu-ous to other types of material;

E. The application of a sealing sub-stance to asbestos-containing material thathas previously been enclosed or encapsulat-ed; or

F. The painting of nonfriableasbestos-containing material.

45. Asbestos enclosure project—Anasbestos abatement project that involves theconstruction of an airtight impact resistantbarrier to isolate a surface coated withasbestos-containing material.

46. Asbestos Hazard EmergencyResponse Act—(AHERA) of 1986 (P.L. 99-519).

47. Asbestos maintenance operation—Any operation that involves the removal orcleanup of less than ten (10) square feet orless than sixteen (16) linear feet of friableasbestos-containing material from any type ofstructural or equipment item in order torepair, replace or maintain the item and any-thing attached to it.

48. Asbestos projects—An activityundertaken to remove or encapsulate onehundred sixty (160) square feet or two hun-dred sixty (260) linear feet or more of friableasbestos-containing materials or demolitionof any structure or building or a part of itcontaining the previously mentioned quanti-ties of asbestos-containing materials.

49. Asbestos removal project—Anasbestos abatement project consisting ofactivities that involve, and are required, totake out friable asbestos-containing materialsfrom any facility. This definition includes,but is not limited to, activities associated withthe cleanup of loose friable asbestos-contain-ing debris or refuse, or both, from floors andother surfaces.

50. ASME—American Society ofMechanical Engineers, 345 East 47th Street,New York, NY 10017.

51. Asphalt prime coat—Application oflow-viscosity liquid asphalt to an absorbent



surface such as a previously untreated sur-face.

52. Asphalt seal coat—An application ofa thin asphalt surface treatment used to water-proof and improve the texture of an absorbentsurface or a nonabsorbent surface such asasphalt or concrete.

53. ASTM—American Society for Test-ing and Materials, 1916 Race Street,Philadelphia, PA 19103.

54. Automobile—A four (4)-wheel pas-senger motor vehicle or derivative capable ofseating no more than twelve (12) passengers.

55. Automobile and light duty truck sur-face coating operations—The application,flashoff and curing of prime, primer-surfacer,topcoat and final repair coatings during theassembly of passenger cars and light dutytrucks excluding the following operations:

A. Wheel coatings;B. Miscellaneous antirust coatings; C. Truck interior coatings; D. Interior coatings; E. Flexible coatings; F. Sealers and adhesives; and G. Plastic parts coatings. (Cus-

tomizers, body shops and other repaintersare not part of this definition.)

56. Automotive underbody deadeners—Any coating applied to the underbody of amotor vehicle to reduce the noise reachingthe passenger compartment.

(B) All terms beginning with “B.”1. Base year—The year chosen in the

state implementation plan to directly corre-late emissions of the nonattainment pollutantin the nonattainment area with ambient airquality data pertaining to the pollutant. Fromthe base year, projections are made to deter-mine when the area will attain and maintainthe ambient air quality standards.

2. Baseline area—The continuous areain which the source constructs as well asthose portions of the intrastate area which arenot part of a nonattainment area and whichwould receive an air quality impact equal toor greater than one microgram per cubicmeter (1 µg/m3) annual average (establishedby modeling) for each pollutant for which aninstallation receives a permit under 10 CSR10-6.060(8) and for which increments havebeen established in 10 CSR 10-6.060(11)(A),Table 1. Each of these areas are references tothe standard United States Geological Survey(USGS) County-Township-Range-Sectionsystem. The smallest unit of area for which abaseline date will be set is one (1) section(one (1) square mile).

3. Baseline concentration—That ambientconcentration level which exists at locationsof anticipated maximum air quality impact orincrement consumption within a baseline areaat the time of the applicable baseline date,minus any contribution from installations,

modifications and major modifications sub-ject to 10 CSR 10-6.060(8) or subject to 40CFR 52.21 on which construction com-menced on or after January 6, 1975, for sul-fur dioxide and particulate matter andFebruary 8, 1988, for nitrogen dioxide. Thebaseline concentration shall include contribu-tions from:

A. The actual emissions of otherinstallations in existence on the applicablebaseline date; and

B. The potential emissions of installa-tions and major modifications which com-menced construction before January 6, 1975,but were not in operation by the applicablebaseline date.

4. Baseline date—The date, for eachbaseline area, of the first complete applica-tion after August 7, 1977, for sulfur dioxideand particulate matter, and February 8, 1988,for nitrogen dioxide for a permit to constructand operate an installation subject to 10 CSR10-6.060(8) or subject to 40 CFR 52.21.

5. Best available control technology(BACT)—An emission limitation (including avisible emission limit) based on the maxi-mum degree of reduction for each pollutantwhich would be emitted from any proposedinstallation or major modification which thedirector on a case-by-case basis, taking intoaccount energy, environmental and economicimpacts and other costs, determines isachievable for the installation or major mod-ification through application of productionprocesses or available methods, systems andtechniques, including fuel cleaning or treat-ment or innovative fuel combustion tech-niques for control of the pollutant. In noevent shall application of BACT result inemissions of any pollutant which wouldexceed the emissions allowed by any applica-ble emissions control regulation, includingNew Source Performance Standards estab-lished in 10 CSR 10-6.070 and 40 CFR part60 and National Emissions Standards forHazardous Pollutants established in 10 CSR10-6.080 and 40 CFR part 61. If the directordetermines that technological or economiclimitations on the application of measurementmethodology to a particular source operationwould make the imposition of an emissionlimitation infeasible, a design, equipment,work practice, operational standard or combi-nation of these may be prescribed instead torequire the application of BACT. This stan-dard, to the degree possible, shall set forththe emission reduction achievable by imple-mentation of the design, equipment, workpractice or operation and shall provide forcompliance by means which achieve equiva-lent results.

6. Building—Any structure excludingsingle-family, owner-occupied dwellings, andvacant public or privately owned residential

structures of four (4) dwelling units or lessbeing demolished for the sole purpose of pub-lic health, safety or welfare. Excluded struc-tures must be geographically dispersed,demolished pursuant to a public safety deter-mination, and must pose a threat to publicsafety.

(C) All terms beginning with “C.”1. Can coating—A surface coating

applied to a cylindrical steel or aluminumcontainer. The container can be two (2)pieces (made by a drawn and wall-ironedshallow cup with only one (1) end) or three(3) pieces (made by a rectangular materialrolled into a cylinder and the attachment oftwo (2) end pieces).

2. Carbon adsorption system—A devicecontaining adsorbent material (for example,activated carbon, aluminum, silica gel); aninlet and outlet for exhaust gases; and a sys-tem to regenerate the saturated adsorbent.The carbon adsorption system must providefor the proper disposal or reuse of all volatileorganic compounds (VOC) adsorbed.

3. Carbon bed breakthrough—A con-centration of VOC in the carbon adsorptiondevice exhaust that exceeds ten percent (10%)by weight of the inlet VOC concentration.

4. Catalytic incinerator—A controldevice using a catalyst to allow combustion tooccur at a lower temperature.

5. Category I nonfriable ACM—Asbestos-containing packings, gaskets,resilient floor covering and asphalt roofingproducts containing more than one percent(1%) asbestos as determined using themethod specified in 40 CFR part 763, sub-part F, Appendix A, section 1, PolarizedLight Microscopy.

6. Category II nonfriable ACM—Anymaterial, excluding category I nonfriableACM, containing more than one percent(1%) asbestos as determined using themethod specified in 40 CFR part 763, sub-part F, Appendix A, section 1, PolarizedLight Microscopy that, when dry, cannot becrumbled, pulverized or reduced to powderby hand pressure.

7. Circumvention—Building, erecting,installing or using any article, machine,equipment, process or method which, whenused, would conceal an emission that wouldotherwise constitute a violation of an applic-able standard or requirement. That conceal-ment includes, but is not limited to, the useof gaseous adjutants to achieve compliancewith a visible emissions standard, and thepiecemeal carrying out of an operation toavoid coverage by a standard that applies onlyto operations larger than a specific size.

8. Clean room—An uncontaminatedarea or room which is a part of the workerdecontamination enclosure system.



9. Clear coat—A coating which lackscolor and opacity or is transparent and usesthe undercoat as a reflectant base or under-tone color. This term also includes corrosionpreventative coatings used for the interior ofdrums or pails.

10. Closed container—A container witha cover fastened in place so that it will notallow leakage or spilling of the contents.

11. Coating applicator—An apparatusused to apply a surface coating.

12. Coating line—One (1) or more appa-ratus or operations which include a coatingapplicator, flash-off area and oven where asurface coating is applied, dried or cured, ora combination of these.

13. Coil coating—The coating of anyflat metal sheet or strip that comes in rolls orcoils.

14. Cold cleaner—Any device or pieceof equipment that contains and/or uses liquidsolvent, into which parts are placed toremove soils from the surfaces of the parts orto dry the parts. Cleaning machines that con-tain and use heated nonboiling solvent toclean the parts are classified as cold cleaningmachines.

15. Commenced—An owner or operatorhas undertaken a continuous program of con-struction or modification or that an owner oroperator has entered into a binding agreementor contractual obligation to undertake andcomplete within a reasonable time, a contin-uous program of construction or modifica-tion.

16. Commenced operation—The initialsetting into operation of any air pollutioncontrol equipment or process equipment.

17. Commercial vehicle—A motor vehi-cle designed or regularly used for carryingfreight and merchandise or more than eight(8) passengers.

18. Commission—The Missouri AirConservation Commission established pur-suant to section 643.040, RSMo.

19. Condensate (hydrocarbons)—Ahydrocarbon liquid separated from naturalgas which condenses due to changes in thetemperature or pressure, or both, andremains liquid at standard conditions.

20. Condenser—Any heat transferdevice used to liquefy vapors by removingtheir latent heats of vaporization including,but not limited to, shell and tube, coil, sur-face or contact condensers.

21. Conservation vent—Any valvedesigned and used to reduce evaporation loss-es of VOC by limiting the amount of airadmitted to, or vapors released from, thevapor space of a closed storage vessel.

22. Construction—Fabricating, erecting,reconstructing or installing a source opera-tion. Construction shall include installation ofbuilding supports and foundations, laying of

underground pipe work, building of perma-nent storage structures and other constructionactivities related to the source operation.

23. Containment—The area where anasbestos abatement project is conducted. Thearea must be enclosed either by a glove bagor plastic sheeting barriers.

24. Control curtain—Any of the three(3) following types of closure devices that areto be constructed of not less than four (4) milthick plastic sheeting material and installed inan entryway of an area that is considered tobe contaminated with free asbestos fibers.

A. A ventilation curtain that allowsunrestricted air flow movement into a conta-minated area when it is being ventilated withan exhaust fan. This curtain consists of a sin-gle flap that opens into the contaminated areaand is securely fastened across the top of theentryway framework so that it overlaps bothsides of the entryway by not less than twelveinches (12") and the base of the entryway bynot less than three inches (3");

B. A confinement curtain that restrictsthe movement of air into, and from, anunventilated and contaminated area. Thiscurtain consists of three (3) constructed baf-fles that cover the entire area of the entrywayand are securely fastened along the top of theentryway framework and along alternate sidesof locations in a manner that will allow two(2) of the curtains to fully cover the entrywayopening while a person passes through thethird curtain. An airlock arrangement con-sisting of two (2) confinement curtain entry-ways that are located at least three feet (3')apart may be substituted for the triple bafflearrangement; or

C. A closure device for which writtendepartment approval is required.

25. Conveyorized degreaser—A type ofdegreaser in which the parts are loaded con-tinuously.

26. Criteria pollutant—Air pollutants forwhich air quality standards have been estab-lished in 10 CSR 10-6.010.

27. Crude oil—A naturally occurringmixture which consists of hydrocarbons andsulfur, nitrogen or oxygen derivatives, or acombination of these, of hydrocarbons whichis a liquid at standard conditions.

28. Custody transfer—The transfer ofproduced crude oil or condensate, or both,after processing or treating, or both, in theproducing operations, from storage tanks orautomatic transfer facilities to pipelines orany other forms of transportation.

29. Cutback asphalt—Any asphalticcement that has been liquefied by blendingwith VOC liquid diluents.

(D) All terms beginning with “D.”1. Decontamination facility—The serial

arrangement of rooms or spaces for the pur-pose of separating the work site from the

building environment upon entering the worksite and for the cleaning of persons, equip-ment and contained waste prior to returningto the clean environment.

2. Degreasing—A solvent metal clean-ing in which nonaqueous solvents are used toclean and remove soils from metal surfaces.

3. Delivery vessel—A tank truck, trail-er, railroad tank car or drums.

4. De minimis levels—Any emissionslevel less than or equal to the rates listed inTable 1, subsection (3)(A) of this rule.

5. Demolition project—The wrecking,razing, burning or removing of any load-sup-porting structural member or portion of astructure together with any related handlingoperation.

6. Department-approved inhouse pro-ject—An asbestos abatement project in a per-son’s own facility using their own trainedfacility employees; the project has receiveddepartmental approval as part of planned ren-ovation operations.

7. Designated representative—A respon-sible individual authorized by the owner oroperator of an affected source and of allaffected units at the source, as evidenced bya certificate of representation submitted inaccordance with subpart B of 40 CFR part72, to represent and legally bind each ownerand operator, as a matter of federal law, inmatters pertaining to the Acid Rain Program.Whenever the term “responsible official” isused in 40 CFR part 70, 10 CSR 10-6.065 orin any other regulations implementing Title Vof the Act, it shall be deemed to refer to the“designated representative” with regard to allmatters under the Acid Rain Program.

8. Diammonium phosphate—A productresulting from the reaction between phos-phoric acid and ammonia having the molecu-lar formula (NH4)2HPO4.

9. Director or department director—Director of the Department of NaturalResources.

10. Dispersion technique—A. A dispersion technique is any tech-

nique designed to affect the concentration ofa pollutant in the ambient air by—

(I) Using that portion of a stackwhich exceeds good engineering practicestack height;

(II) Varying the rate of emission ofa pollutant according to atmospheric condi-tions or ambient concentrations of that pollu-tant; or

(III) Increasing final exhaust gasplume rise by manipulating source processparameters, exhaust gas parameters, stackparameters or combining exhaust gases fromseveral existing stacks into one (1) stack; orother selective handling of exhaust gasstreams so as to increase the exhaust gasplume rise; and



B. This definition does not include:(I) The reheating of a gas stream,

following use of a pollution control system,for the purpose of returning the gas to thetemperature at which it was originally dis-charged from the installation generating thegas stream;

(II) The merging of exhaust gasstreams where—

(a) The installation owner oroperator demonstrates that the installationwas originally designed and constructed withthe merged gas streams;

(b) After July 8, 1985, the merg-ing is part of a change in operation at theinstallation that includes the installation ofemissions control equipment and is accompa-nied by a net reduction in the allowable emis-sions of a pollutant. This exclusion from thedefinition of dispersion technique shall applyonly to the emission limitation for the pollu-tant affected by a change in operation; or

(c) Before July 8, 1985, themerging was part of a change in operation atthe installation that included the installationof emissions control equipment or was car-ried out for sound economic or engineeringreasons. Where there was an increase in theemission limitation or in the event that noemission limitation was in existence prior tothe merging, the director shall presume thatmerging was significantly motivated by anintent to gain emissions credit for greater dis-persion. Without a demonstration by thesource owner or operator that merging wasnot significantly motivated by that intent, thedirector shall deny credit for the effects ofmerging in calculating the allowable emis-sions for the source;

(III) Smoke management in agricul-tural or silvicultural prescribed burning pro-grams;

(IV) Episodic restrictions on resi-dential woodburning and open burning; or

(V) Techniques under part(2)(D)10.A.(III) of this definition whichincrease final exhaust gas plume rise wherethe resulting allowable emissions of sulfurdioxide from the installation do not exceedfive thousand (5000) tons per year.

11. Draft permit—The version of a per-mit for which the permitting authority offerspublic participation or affected state review.

12. Drum—Any cylindrical container ofthirteen to one hundred ten (13—110) galloncapacity.

13. Dry cleaning installation—An instal-lation engaged in the cleaning of fabrics in anessentially nonaqueous solvent by means ofone (1) or more washes in solvent, extractionof excess solvent by spinning and drying bytumbling in an airstream. The installationincludes, but is not limited to, any washer,dryer, filter and purification systems, waste

disposal systems, holding tanks, pumps, andattendant piping and valves.

(E) All terms beginning with “E.”1. Emergency asbestos abatement pro-

ject—An asbestos abatement project thatmust be undertaken immediately to preventimminent severe human exposure or torestore essential facility operation.

2. Emission—The release or discharge,whether directly or indirectly, into the atmos-phere of one (1) or more air contaminants.

3. Emission limitation—A regulatoryrequirement, permit condition or consentagreement which limits the quantity, rate orconcentration of emissions on a continuousbasis, including any requirement which limitsthe level of opacity, prescribes equipment,sets fuel specifications or prescribes opera-tion or maintenance procedures for an instal-lation to assure continuous emission reduc-tion.

4. Emissions unit—Any part or activityof an installation that emits or has the poten-tial to emit any regulated air pollutant or anypollutant listed under section 112(b) of theAct. This term is not meant to alter or affectthe definition of the term unit for the purpos-es of Title IV of the Act.

5. Emulsified asphalt—An emulsion ofasphalt cement and water that contains asmall amount of an emulsifying agent, asspecified in ASTM D (977-77) or ASTM D(2397-73).

6. Enamel—A surface coating that is amixture of paint and varnish, having vehiclessimilar to those used for varnish, but alsocontaining pigments.

7. End exterior coating (two (2)-piece)—A surface coating used to cover the outsidesurface of the end of a two (2)-piece can.

8. End seal compound—The gasketforming coating used to attach the end piecesof a can during manufacturing or after fillingwith contents.

9. Equipment—Any item that isdesigned or intended to perform any opera-tion and includes any item attached to it toassist in the operation.

10. Equivalent phosphorous pentoxidefeed—The quantity of phosphorous, ex-pressed as phosphorous pentoxide, fed to theprocess.

11. Excess emissions—The emissionswhich exceed the requirements of any applic-able emission control regulation.

12. Excessive concentration—A. For installations seeking credit for

reduced ambient pollutant concentrationsfrom stack height exceeding that defined insubparagraph (2)(G)3.B., an excessive con-centration is a maximum ground level con-centration due to emissions from a stack duein whole or part to downwash, wakes or eddyeffects produced by nearby structures or

nearby terrain features which are at leastforty percent (40%) in excess of the maxi-mum concentration experienced in theabsence of the downwash, wakes or eddyeffects, and that contributes to a total con-centration due to emissions from all installa-tions that is greater than an ambient air qual-ity standard. For installations subject to theprevention of significant deterioration pro-gram as set forth in 10 CSR 10-6.060(8), anexcessive concentration means a maximumground level concentration due to emissionsfrom a stack due to the same conditions asmentioned previously and is greater than aprevention of significant deterioration incre-ment. The allowable emission rate to be usedin making demonstrations under this definitionshall be prescribed by the new source perfor-mance regulation as referenced by 10 CSR10-6.070 for the source category unless theowner or operator demonstrates that thisemission rate is infeasible. Where demonstra-tions are approved by the director, an alterna-tive emission rate shall be established in con-sultation with the source owner or operator;

B. For installations seeking creditafter October 11, 1983, for increases in stackheights up to the heights established undersubparagraph (2)(G)3.B., an excessive con-centration is either—

(I) A maximum ground level con-centration due in whole or part to downwash,wakes or eddy effects as provided in subpara-graph (2)(E)12.A. of this rule, except that theemission rate used shall be the applicableemission limitation (or, in the absence of thislimit, the actual emission rate); or

(II) The actual presence of a localnuisance caused by the stack, as determinedby the director; and

C. For installations seeking creditafter January 12, 1979, for a stack heightdetermined under subparagraph (2)(G)3.B.where the director requires the use of a fieldstudy of fluid model to verify good engineer-ing practice stack height, for installationsseeking stack height credit after November 9,1984, based on the aerodynamic influence ofcooling towers and for installations seekingstack height credit after December 31, 1970,based on the aerodynamic influence of struc-tures not represented adequately by the equa-tions in subparagraph (2)(G)3.B., a maxi-mum ground level concentration due in wholeor part to downwash, wakes or eddy effectsthat is at least forty percent (40%) in excessof the maximum concentration experienced inthe absence of downwash, wakes or eddyeffects.

13. Existing—As applied to any equip-ment, machine, device, article, contrivanceor installation shall mean in being, installedor under construction in the Kansas City met-ropolitan area on September 25, 1968



(Buchanan County, January 21, 1970), in theSt. Louis metropolitan area on March 24,1967 (Franklin County, January 18, 1972), inthe Springfield metropolitan area on Septem-ber 24, 1971, and in the outstate Missouriarea on February 24, 1971, except that ifequipment, machine, device, article, con-trivance or installation subsequently isaltered, repaired or rebuilt at a cost of fiftypercent (50%) or more of its replacementcost exclusive of routine maintenance, it shallno longer be existing, but shall be considerednew as defined in this regulation. The cost ofinstalling equipment designed principally forthe purpose of air pollution control is not tobe considered a cost of altering, repairing orrebuilding existing equipment for the purposeof this definition.

14. Exterior coating (two (2)-piece)—Asurface coating used to coat the outside faceof a two (2)-piece can. Used to provide pro-tection from the lithograph or printing opera-tions.

15. External floating roof—A storagevessel cover in an open top tank consisting ofa double-deck or pontoon single deck whichrests upon and is supported by petroleum liq-uid being contained and is equipped with aclosure seal(s) to close the space between theroof edge and tank wall.

16. Extreme environmental conditions—The exposure to any of—the weather all ofthe time, temperatures consistently aboveninety-five degrees Celsius (95°C), deter-gents-abrasive and scouring agents, solvents,corrosive atmospheres or similar environ-mental conditions.

17. Extreme performance coating—Acoating designed for extreme environmentalconditions.

(F) All terms beginning with “F.”1. Fabric coating—The coating of a tex-

tile substrate with a knife or roller spreaderto impart properties that are not initially pre-sent, such as strength, stability, water or acidrepellency or appearance.

2. Federally enforceable—All limita-tions and conditions which are enforceable bythe administrator, including those require-ments developed pursuant to 40 CFR parts55, 60, 61 and 63; requirements within anyapplicable state implementation plan;requirements in operating permits issued pur-suant to 40 CFR parts 70 or 71, unlessspecifically designated as non-federallyenforceable; and any permit requirementsestablished pursuant to 40 CFR sections52.10, 52.21, or part 55, or under regula-tions approved pursuant to 40 CFR part 51,subpart I, including operating permits issuedunder an EPA-approved program that isincorporated into the state implementationplan and expressly requires adherence to anypermit issued under such program.

3. Final permit—The version of a part70 permit issued by the permitting authoritythat has completed all review procedures asrequired in part 70 sections 70.7 and 70.8.

4. Final repair—The final coatingsapplied to correct topcoat imperfections afterthe complete assembly of the automobile.

5. Firebox—The chamber or compart-ment of a boiler or furnace in which materi-als are burned but does not mean the com-bustion chamber of an incinerator.

6. Flash off area—The space betweenthe application area and the oven.

7. Flexographic printing—The applica-tion of words, designs and pictures to a sub-strate by means of a roll printing technique inwhich the pattern to be applied is raisedabove the printing roll and the image carrieris made of rubber or other elastomeric mate-rials.

8. Freeboard height—The distance fromthe solvent (cold cleaner) or solvent vaporlevel (vapor degreaser) to the top edge of thesolvent container.

9. Freeboard ratio—The freeboardheight divided by the width of the degreaser.

10. Friable asbestos-containing materi-al—Any material that contains more than onepercent (1%) asbestos, by weight, which isapplied to ceilings, walls, structural mem-bers, piping, ductwork or any other part of abuilding or facility and which, when dry, maybe crumbled, pulverized or reduced to pow-der by hand pressure.

11. Fugitive emissions—Those emis-sions which according to good engineeringpractice could not pass through a stack,chimney, vent or other functionally equiva-lent opening.

12. Furnishings—Removable furniture,drapes, rugs and decorative items.

(G) All terms beginning with “G.”1. Gasoline—A petroleum liquid having

a Reid vapor pressure four pounds (4 lbs.) persquare inch or greater.

2. Glove bag—A manufactured or fabri-cated device, typically constructed of six (6)mil transparent polyethylene or polyvinylchloride plastic. This device consists of two(2) inward projecting long sleeves, an internaltool pouch and an attached, labeled recepta-cle for asbestos waste. The bags are especial-ly designed to contain sections of pipe for thepurpose of removing a short length of dam-aged asbestos material without releasingfibers into the air.

3. Good engineering practice (GEP)stack height—GEP stack height means thegreater of—

A. Sixty-five meters (65m), measuredfrom the ground level elevation at the base ofthe stack;

B. For stacks on which constructioncommenced on or before January 12, 1979,

and for which the owner or operator hadobtained all applicable permits or approvalsrequired under 40 CFR parts 51 and 52,

Hg = 2.5H

provided the owner or operator produces evi-dence that this equation was actually relied onin establishing an emission limitation; and forall other stacks,

Hg = H + 1.5L

Where:Hg = GEP stack height, measured from theground level elevation at the base of the stack;H = height of nearby structure(s) measuredfrom the ground level elevation at the base ofthe stack; andL = lesser dimension, height or projectedwidth of the nearby structure(s). Providedthat the director may require the use of a fieldstudy or fluid model to verify GEP stackheight for the installation; or

C. The height demonstrated by a fluidmodel or field study approved by the director,which ensures that the emissions from a stackdo not result in excessive concentrations ofany air pollutant as result of atmosphericdownwash, wakes or eddy effects created bythe source itself, nearby structures or nearbyterrain features.

4. Growth increment—The limit on newinstallation or major modification emissionsof a nonattainment pollutant. Growth incre-ment is reserved for use only by installationswith no applicable, internally generated,banked emissions reductions.

(H) All terms beginning with “H.”1. Hazardous air pollutant—Any of the

air pollutants listed in subsection (3)(C) ofthis rule.

2. HHV—A higher heating value asdetermined by 10 CSR 10-6.040(2) (ASTMStandard: D 2015-66, Part 19, 1972, Stan-dard Method for Determining Gross HeatingValues of Solid Fuels).

3. High efficiency particulate air filter—A HEPA filter found in respirators and vacu-um systems capable of filtering three-tenths(0.3) micron particles with at least ninety-nine and ninety-seven hundredths percent(99.97%) efficiency.

4. High terrain—Any area having an ele-vation nine hundred feet (900') or moreabove the base of the stack of the installation.

5. Homogeneous area—An area of sur-facing material, thermal system insulationmaterial or miscellaneous material that isuniform in color and texture.

6. Hot car—A vehicle which transfershot coke from the oven to the area of quench-ing.



7. Hot well—The reservoir of a con-densing unit receiving the warm condensatefrom the condenser.

(I) All terms beginning with “I.”1. Incinerator—Any article, machine,

equipment, contrivance, structure or part of astructure used to burn refuse or to processrefuse material by burning other than by openburning as defined in this rule.

2. Indirect heating source—A sourceoperation in which fuel is burned for the pri-mary purpose of producing steam, hot wateror hot air, or other indirect heating of liquids,gases or solids where, in the course of doingso, the products of combustion do not comeinto direct contact with process materials.

3. Individual source monitoring—A sys-tem as specified in EPA document EPA-450/2-78-036 entitled Control of VolatileOrganic Compound Leaks from PetroleumRefinery Equipment, which utilizes a portablehydrocarbon monitor to measure levels ofvolatile hydrocarbons emitted from individualprocess equipment.

4. Innovative control technology—Anysystem of air pollution control that has notbeen adequately demonstrated in practice butwould have a substantial likelihood of achiev-ing greater continuous emission reductionthan any control system in current practice orof achieving at least comparable reductions atlower cost in terms of energy, economics ornon-air quality environmental impacts.

5. Insignificant activity—An activity oremission unit in which the only applicablerequirement would be to list the requirementin an operating permit application under 10CSR 10-6.065 and is either of the following:

A. Emission units whose aggregateemission levels for the installation do notexceed that of the de minimis levels; and

B. Emission units or activities listedin 10 CSR 10-6.061 as exempt or excludedfrom construction permit review under 10CSR 10-6.060.

6. Inspector—An individual, underAHERA, who collects and assimilates infor-mation used to determine whether asbestos-containing material is present in a building orother air contaminant sources.

7. Installation—All source operationsincluding activities that result in fugitiveemissions, that belong to the same industrialgrouping (that have the same two (2)-digitcode as described in the Standard IndustrialClassification Manual, 1987), and anymarine vessels while docked at the installa-tion, located on one (1) or more contiguousor adjacent properties and under the controlof the same person (or persons under com-mon control).

8. Interior body spray (two (2)- andthree (3)-piece)—The surface coating for theinterior and ends of a two (2)-piece formed

can or the surface coating of the side of therectangular material to be used as the interi-or and ends of a three (3)-piece can.

9. Internal floating roof—A productcover in a fixed roof tank which rests upon oris floated upon the VOC liquid being con-tained and which is equipped with a slidingseal(s) to close the space between the edge ofthe covers and tank shell.

10. Inventory—A quantification of emis-sions by installation and by source operation.

(J) All terms beginning with “J.”(K) All terms beginning with “K.”

1. Kansas City metropolitan area—Thegeographical area comprised of Jackson,Cass, Clay, Platte, Ray and Buchanan Coun-ties.

2. Knife coating—The application of acoating material to a substrate by means ofdrawing the substrate between a knife thatspreads the coating evenly over the full widthof the substrate.

(L) All terms beginning with “L.”1. Lacquers—A surface coating that is

basically solutions of nitrocellulose in VOCs,with plasticizers and other resins added toimprove the quality of the film.

2. Light-duty truck—Any motor vehiclerated at eight thousand five hundred pounds(8500 lbs.) gross weight or less or a deriva-tion of this vehicle which is designed primar-ily for the purpose of transportation of prop-erty.

3. Liquefied cutback asphalt (LCA)—An asphalt cement which has been liquefiedby blending with petroleum solvents (dilu-ents).

4. Liquid-mounted seal—A primary sealmounted in continuous contact with the liquidbetween the tank wall and the floating roofaround the circumference of the tank.

5. Low terrain—Any area other thanhigh terrain.

6. Lower explosive limit (LEL)—Thelower limit of flammability of a gas or vaporat ordinary ambient temperatures expressedin percent of the gas or vapor in air by vol-ume.

7. Lowest achievable emission rate(LAER)—That rate of emissions whichreflects—1) the most stringent emission limi-tation which is contained in any state imple-mentation plan for a class or category ofsource, unless the owner or operator of theproposed source demonstrates that the limita-tions are not achievable or 2) the most strin-gent emission limitation which is achieved inpractice by the class or category of source,whichever is more stringent. LAER shall notbe less stringent than the new source perfor-mance standard limit.

(M) All terms beginning with “M.”1. MACT (Maximum achievable control

technology)—The maximum degree of reduc-

tion in emissions of the hazardous air pollu-tants listed in subsection (3)(C) of this rule(including a prohibition on these emissionswhere achievable), taking into considerationthe cost of achieving emissions reductionsand any non-air quality health and environ-mental impacts and requirements, determinesis achievable for new or existing sources inthe category or subcategory to which thisemission standard applies, through applica-tion of measures, processes, methods, sys-tems or techniques including, but not limitedto, measures which—

A. Reduce the volume of or eliminateemissions of pollutants through processchanges, substitution of materials or othermodifications;

B. Enclose systems or processes toeliminate emissions;

C. Collect, capture or treat pollutantswhen released from a process, stack, storageor fugitive emissions point;

D. Are design, equipment, workpractice or operational standards (includingrequirements for operational training or certi-fication); or

E. Are a combination of subpara-graphs (2)(M)1.A.–D.

2. Magnet wire coating—The process ofapplying a coating of electrically insulatingvarnish or enamel to aluminum or copperwire for use in electrical machinery.

3. Major modification—Any physicalchange or change in the method of operationat an installation or in the attendant air pollu-tion control equipment that would result in asignificant net emissions increase of any pol-lutant. A physical change or a change in themethod of operation, unless previously limit-ed by enforceable permit conditions, shall notinclude:

A. Routine maintenance, repair andreplacement of parts;

B. Use of an alternative fuel or rawmaterial by reason of an order under Sections2(a) and (b) of the Energy Supply and Envi-ronmental Coordination Act of 1974, a prohi-bition under the Power Plant and IndustrialFuel Use Act of 1978 or by reason of a nat-ural gas curtailment plan pursuant to the Fed-eral Power Act;

C. Use of an alternative fuel or rawmaterial, if prior to January 6, 1975, thesource was capable of accommodating thefuel or material, unless the change would beprohibited under any enforceable permit con-dition which was established after January 6,1975;

D. An increase in the hours of opera-tion or in the production rate unless thechange would be prohibited under anyenforceable permit condition which wasestablished after January 6, 1975; or



E. Use of an alternative fuel by reasonof an order or rule under Section 125 of theClean Air Act.

4. Malfunction—A sudden and unavoid-able failure of air pollution control equipmentor process equipment or of a process to oper-ate in a normal and usual manner. Excessemissions caused by improper design shallnot be deemed a malfunction.

5. Management planner—An individual,under AHERA, who devises and writes plansfor asbestos abatement.

6. Manure storage and application sys-tems—Any system that includes but is notlimited to lagoons, manure treatment cells,earthen storage ponds, manure storage tanks,manure stockpiles, composting areas, pitsand gutters within barns, litter used in bed-ding systems, all types of land applicationequipment, and all pipes, hoses, pumps andother equipment used to transfer manure.

7. Maskant—A coating applied directlyto an aerospace component to protect thoseareas when etching other parts of the compo-nent.

8. Metal furniture coating—The surfacecoating of any furniture made of metal or anymetal part which will be assembled withother metal, wood, fabric, plastic or glassparts to form a furniture piece.

9. Model year—The annual productionperiod of new motor vehicles designated bythe calendar year in which the period ends,provided that if the manufacturer does not sodesignate vehicles manufactured by him/her,the model year with respect to the vehiclesshall mean the twelve (12)-month periodbeginning January 1 of the year specified inthis rule.

10. Modification—Any physical change,or change in method of operation of, a sourceoperation or attendant air pollution controlequipment which would cause an increase inpotential emissions of any air pollutant emit-ted by the source operation.

11. Modification, Title I—See Title Imodification.

12. Motor tricycle—A motor vehicleoperated on three (3) wheels, including amotorcycle with any conveyance, temporaryor otherwise, requiring the use of a thirdwheel.

13. Motor vehicle—Any self-propelledvehicle.

14. Motorcycle—A motor vehicle oper-ated on two (2) wheels.

15. Multiple chamber incinerator—Anyincinerator consisting of two (2) or morerefractory lined combustion furnaces inseries, physically separated by refractorywalls, interconnected by gas passage ports orducts and employing adequate design para-meters necessary for maximum combustionof the material to be burned, the refractories

having a Pyrometric Cone Equivalent of 31,tested according to the method described inthe ASTM Method C-24-56 or other methodapproved by the department director.

16. Multiple fixed-point monitoring—Asystem for monitoring VOCs where stationarymonitors are placed throughout the petroleumrefinery which measure atmospheric concen-trations of VOCs.

(N) All terms beginning with “N.”1. Nearby—Nearby as used in the defin-

ition GEP stack height in subparagraph(2)(G)2.B. is defined for a specific structureor terrain feature—

A. For purposes of applying the for-mula provided in subparagraph (2)(G)3.B.,nearby means that distance up to five (5)times the lesser of the height or the widthdimension of a structure, but not greater thanone-half (1/2) mile; and

B. For conducting fluid modeling orfield study demonstrations under subpara-graph (2)(G)3.C., nearby means not greaterthan one-half (1/2) mile, except that the por-tion of a terrain feature may be considered tobe nearby which falls within a distance of upto ten (10) times the maximum height of thefeature, not to exceed two (2) miles if featureachieves a height one-half (1/2) mile from thestack that is at least forty percent (40%) ofthe GEP stack height determined by the for-mula provided in subparagraph (2)(G)3.B. ortwenty-six meters (26 m), whichever isgreater, as measured from the ground levelelevation at the base of the stack. The heightof the structure or terrain feature is measuredfrom the ground level elevation at the base ofthe stack.

2. Net emissions increase—This term isdefined in 40 CFR 52.21(b)(3), promulgatedas of July 1, 2003 and hereby incorporated byreference in this rule, as published by theOffice of the Federal Register, U.S. NationalArchives and Records, 700 PennsylvaniaAvenue NW, Washington, D.C. 20408. Thisrule does not incorporate any subsequentamendments or additions.

3. New tepee burner—One not in exis-tence as of September 18, 1970.

4. NIOSH—National Institute of Occu-pational Safety and Health.

5. Nonattainment area—Those geo-graphic areas in Missouri that have officiallybeen designated by the U.S. EnvironmentalProtection Agency in 40 CFR part 81 asnonattainment areas.

(O) All terms beginning with “O.”1. Offset—A decrease in actual emis-

sions from a source operation or installationthat is greater than the amount of emissionsanticipated from a modification or construc-tion of a source operation or installation. Thedecrease must be of the same pollutant andhave substantially similar environmental and

health effects on the impacted area. Any ratioof decrease to increase greater than one toone (1:1) constitutes offset. The exception tothis are ozone nonattainment areas whereVOC and NOX emissions will require an off-set ratio of actual emission reduction to newemissions according to the following sched-ule: marginal area = 1.1:1; moderate area =1.15:1; serious area = 1.2:1; severe area =1.3:1; and extreme area = 1.5:1.

2. Offtake—Any set of piping (for exam-ple, standpipes, goosenecks) that intercon-nects a coke oven with a collecting mainwhich is common to all systems. The offtakesystem extends from the connection on top ofthe coke oven to the connection on the col-lecting main.

3. Opacity—The extent to which air-borne material obstructs the transmission ofincident light and obscures the visual back-ground. Opacity is stated as a percentage oflight obstructed and can be measured by acontinuous opacity monitoring system or atrained observer. An opacity of one hundredpercent (100%) represents a condition inwhich no light is transmitted, and the back-ground is completely obscured.

4. Open burning—The burning of anymaterials where air contaminants resultingfrom combustion are emitted directly into theambient air without passing through a stackor chimney from an enclosed chamber. Forpurposes of this definition, a chamber shallbe regarded as enclosed, when, during thetime combustion takes place, only those aper-tures, ducts, stacks, flues or chimneys as arenecessary to provide combustion air and topermit the escape of exhaust gases are open.

5. Open-top vapor degreaser—A type ofdegreaser which consists of a tank where sol-vent is heated to its boiling point which cre-ates a zone of solvent vapor contained by a setof cooling coils. Condensation of the hot sol-vent vapor cleans or degreases the coldermetal parts.

6. Outside air—Air outside the contain-ment area.

7. Owner or operator—Any person whoowns, leases, operates, controls or supervisesan air contaminant source.

(P) All terms beginning with “P.”1. Pail—Any nominal cylindrical con-

tainer of one to twelve (1–12) gallon capaci-ty.

2. Paint—A pigmented surface coatingusing VOCs as the major solvent and thinnerwhich converts to a relatively opaque solidfilm after application as a thin layer.

3. Part 70—U.S. Environmental Protec-tion Agency regulations, codified at 40 CFRpart 70, setting forth requirements for stateoperating permit programs pursuant to TitleV of the Act.



4. Particulate matter—Any material,except uncombined water, that exists in afinely divided form as a liquid or solid and asspecifically defined as follows:

A. PM—any airborne, finely dividedsolid or liquid material with an aerodynamicdiameter smaller than one hundred (100)micrometers as measured in the ambient airas specified in 10 CSR 10-6.040(4)(B); and

B. PM10—particulate matter with anaerodynamic diameter less than or equal to anominal ten (10) micrometers as measured inthe ambient air as specified in 10 CSR 10-6.040(4)(J); and

C. PM2.5—particulate matter with anaerodynamic diameter less than or equal to anominal two and one-half (2.5) micrometersincluding the filterable component as mea-sured in the ambient air as specified in 10CSR 10-6.040(4)(L).

5. Permanent shutdown—The perma-nent cessation of operation of any air pollu-tion control equipment or process equipment,not to be placed back into service or have astart-up.

6. Permitting authority—Either theadministrator or the state air pollution controlagency, local agency or other agency autho-rized by the administrator to carry out a per-mit program as intended by the Act.

7. Person—Any individual, partnership,association, corporation including the parentcompany of a wholly-owned subsidiary,municipality, subdivision or agency of thestate, trust, estate or other legal entity eitherpublic or private. This shall include any legalsuccessor, employee or agent of the previousentities.

8. Petroleum liquid—Petroleum, con-densate and any finished or intermediateproducts manufactured in a petroleum refin-ery with the exception of Numbers 2–6 fueloils as specified in ASTM D(396-69), gasturbine fuel oils Number 2-GT—4-GT, asspecified in ASTM D(2880-71), and dieselfuel oils Number 2-D and 4-D, as specifiedin ASTM D(975-68).

9. Petroleum refinery—Any facilitywhich produces gasoline, kerosene, distillatefuel oils, residual fuel oils, lubricants orother products through distillation, cracking,extraction or reforming of unfinished petrole-um derivatives.

10. Pharmaceutical—Any compound orpreparation included under the Standard In-dustrial Classification Codes 2833 (Medi-cinal Chemicals and Botanical Products) and2834 (Pharmaceutical Preparations), exclud-ing products formulated by fermentation,extraction from vegetable material or animaltissue or formulation and packaging of thefinal product.

11. Pilot plants—The installations whichare of new type or design which will serve asa trial unit for experimentation or testing.

12. Plant-mix—A mixture produced inan asphalt mixing plant that consists of min-eral aggregate uniformly coated with asphaltcement, cutback asphalt or emulsifiedasphalt.

13. Pollutant—An air contaminant listedin 10 CSR 10-6.020(3)(A), Table 1 withoutregard to levels of emission or air qualityimpact.

14. Polyethylene bag sealing operation—Any operation or facility engaged in the seal-ing of polyethylene bags, usually by the use ofheat.

15. Polystyrene resin—The product ofany styrene polymerization process, usuallyinvolving heat.

16. Portable equipment—Any equip-ment that is designed and maintained to bemovable, primarily for use in noncontinuousoperations. Portable equipment includes rockcrushers, asphaltic concrete plants and con-crete batching plants.

17. Portable equipment installation—Aninstallation made up solely of portable equip-ment, meeting the requirements of or havingbeen permitted according to 10 CSR 10-6.060(4).

18. Positive crankcase ventilation sys-tem—Any system or device which preventsthe escape of crankcase emissions to theambient air.

19. Potential to emit—The emissionrates of any pollutant at maximum designcapacity. Annual potential shall be based onthe maximum annual-rated capacity of theinstallation assuming continuous year-roundoperation. Federally enforceable permit con-ditions on the type of materials combusted orprocessed, operating rates, hours of operationor the application of air pollution controlequipment shall be used in determining theannual potential. Secondary emissions do notcount in determining annual potential.

20. Potroom—A building unit whichhouses a group of electrolytic cells in whichaluminum is produced.

21. Potroom group—An uncontrolledpotroom, a potroom which is controlled indi-vidually or a group of potrooms or potroomsegments ducted to a common or similar con-trol system.

22. Primary aluminum reduction instal-lation—Any facility manufacturing aluminumby electrolytic reduction of alumina.

23. Primer—The first surface coatingapplied to the surface.

24. Primer-surfacer—The surface coat-ings applied over the primer and beneath thetopcoat.

25. Process weight—The total weight ofall materials introduced into a source opera-

tion including solid fuels, but excluding liq-uids and gases used solely as fuels andexcluding air introduced for purposes of com-bustion.

26. Production equipment exhaust sys-tem—A device for collecting and directingout of the work area fugitive emissions fromreactor openings, centrifuge openings andother vessel openings and equipment for thepurpose of protecting workers from excessiveexposure.

27. Publication rotogravure printing—Rotogravure printing upon paper which issubsequently formed into books, magazines,catalogues, brochures, directories, newspapersupplements and other types of printed mate-rials.

28. Pushing operation—The process ofremoving coke from the coke oven. The cokepushing operation begins when the coke-sideoven door is removed and is completed whenthe hot car enters the quench tower and thecoke-side oven door is replaced.

(Q) All terms beginning with “Q.”(R) All terms beginning with “R.”

1. Reactor—A vat or vessel, which maybe jacketed to permit temperature control,designed to contain chemical reactions.

2. Reconstruction—Where the fixed capi-tal cost of the new components exceeds fiftypercent (50%) of the fixed capital cost of acomparable entirely new source of operationor installation; the use of an alternative fuelor raw material by reason of an order ineffect under Sections 2(a) and (b) of theEnergy Supply and Environmental Coordina-tion Act of 1974, by reason of a natural gascurtailment plan in effect pursuant to the Federal Power Act, or by reason of an orderor rule under Section 125 of the Clean AirAct, shall not be considered reconstruction.In determining whether a reconstruction willoccur, the provisions of 40 CFR 60.15,December 1, 1979, shall be considered by thedirector.

3. Refinery fuel gas—Any gas which isgenerated by a petroleum refinery processunit and which is combusted including anygaseous mixture of natural gas and fuel gas.

4. Refuse—The garbage, rubbish, tradewastes, leaves, salvageable material, agricul-tural wastes or other wastes.

5. Regulated air pollutant—All air pol-lutants or precursors for which any standardhas been promulgated.

6. Regulated asbestos-containing mater-ial (RACM)—Friable asbestos material; cate-gory I nonfriable asbestos-containing materi-al (ACM) that has become friable; category Inonfriable ACM that will be or has been sub-jected to sanding, grinding, cutting, or abrad-ing, or category II nonfriable ACM that has ahigh probability of becoming or has becomecrumbled, pulverized or reduced to powder



by the forces expected to act on the materialin the course of demolition or renovationoperations regulated by this rule.

7. Regulated pollutant—Any regulatedair pollutant except carbon monoxide andpollutants regulated exclusively under section112(r) or Title VI of the Act.

8. Reid vapor pressure (RVP)—Theabsolute vapor pressure of a petroleum liquidas determined by “Tests for DeterminingReid Vapor Pressure (RVP) of Gasoline andGasoline-Oxygenate Blends” 40 CFR part80, Appendix E as in effect July 1, 1990.

9. Renewal—The process by which anoperating permit is reissued at the end of itsterm.

10. Repair—The restoration of asbestosmaterial that has been damaged. Repair con-sists of the application of rewettable glasscloth, canvas, cement or other suitable mate-rial. It may also involve filling damaged areaswith nonasbestos substitutes and reencapsu-lating or painting previously encapsulatedmaterials.

11. Residual fuel oil—The fuel oil vari-ously known as Bunker C, PS 400 and Num-ber 6 as defined in ASTM D(396-487)(1959).

12. Responsible official—Includes one(1) of the following:

A. The president, secretary, treasureror vice-president of a corporation in chargeof a principal business function, any otherperson who performs similar policy and deci-sion-making functions for the corporation ora duly authorized representative of this per-son if the representative is responsible for theoverall operation of one (1) or more manu-facturing, production or operating facilitiesapplying for or subject to a permit andeither—

(I) The facilities employ more thantwo hundred and fifty (250) persons or havea gross annual sales or expenditures exceed-ing twenty-five (25) million dollars (in sec-ond quarter 1980 dollars); or

(II) The delegation of authority tothis representative is approved in advance bythe permitting authority;

B. A general partner in a partnershipor the proprietor in a sole proprietorship;

C. Either a principal executive officeror ranking elected official in a municipality,state, federal or other public agency. For thepurpose of this subparagraph, a principalexecutive officer of a federal agency includesthe chief executive officer having responsibil-ity for the overall operations of a principalgeographic unit of the agency; or

D. The designated representative ofan affected source insofar as actions, stan-dards, requirements or prohibitions underTitle IV of the Act or the regulations promul-gated under the Act are concerned and the

designated representative for any other pur-poses under part 70.

13. Retail outlet—Any establishmentwhere gasoline is sold, offered for sale orused as a motor vehicle fuel.

14. Road-mix—An asphalt course pro-duced by mixing mineral aggregate and cut-back or emulsified asphalt at the road site bymeans of travel plants, motor graders, dragsor special road-mixing equipment.

15. Roll printing—The application ofwords, designs and pictures to a substrateusually by means of a series of hard rubber orsteel rolls each with only partial coverage.

16. Roller spreader—The device usedfor the application of a coating material to asubstrate by means of hard rubber or steelrolls.

17. Rotogravure printing—The applica-tion of words, designs and pictures to a sub-strate by means of a roll printing techniquewhich involves an intaglio or recessed imageareas in the form of cells.

(S) All terms beginning with “S.”1. Salvage operation—Any business,

trade, industry or other activity conducted inwhole or in part for the purpose of salvagingor reclaiming any product or material.

2. Sealing material—A liquid substancethat does not contain asbestos which is usedto cover a surface that has previously beencoated with a friable asbestos-containingmaterial for the intended purpose of prevent-ing any asbestos fibers remaining on the sur-face from being disbursed into the air. Thissubstance shall be distinguishable from thesurface to which it is applied.

3. Secondary emissions—The emissionswhich occur or would occur as a result of theconstruction or operation of an installation ormajor modification but do not come from theinstallation or major modification itself. Sec-ondary emissions must be specific, well-defined, quantifiable and impact the samegeneral area as the installation or modifica-tion which causes the secondary emissions.Secondary emissions may include, but are notlimited to:

A. Emissions from trucks, ships ortrains coming to or from the installation ormodification; and

B. Emissions from any off-site sup-port source which would not be constructedor increase its emissions except as a result ofthe construction or operation of the majorstationary source or major modification.

4. Section 502(b)(10) changes—Changesthat contravene an express permit term.These changes do not include those thatwould violate applicable requirements or con-travene federally-enforceable permit termsand conditions that are monitoring (includingtest methods), record keeping, reporting orcompliance certification requirements.

5. Sheet basecoat—The roll coated pri-mary interior surface coating applied to sur-faces for the basic protection of buffering fill-ing material from the metal can surface.

6. Shower room—A room between theclean room and the equipment room in theworker decontamination enclosure. Thisroom shall be equipped with running hot andcold water that is suitably arranged for com-plete showering during decontamination.

7. Shutdown—The cessation of opera-tion of any air pollution control equipment orprocess equipment, excepting the routinephasing out of process equipment.

8. Shutdown, permanent—See perma-nent shutdown.

9. Side seam coating (three (3)-piece)—A can surface coating to seal the connectingedge of a formed metal sheet in the manufac-ture of a three (3)-piece can.

10. Significant—A net emissionsincrease or potential to emit at a rate equal toor exceeding the de minimis levels or createan ambient air concentration at a level greaterthan those listed in 10 CSR 10-6.060(11)(D)Table 4, or any emissions rate or any netemissions increase associated with an instal-lation subject to 10 CSR 10-6.060 whichwould be constructed within ten kilometers(10 km) of a Class I area and have an airquality impact on the area equal to or greaterthan one microgram per cubic meter (1µg/m3) (twenty-four (24)-hour average). Forpurposes of new source review under 10 CSR10-6.060 sections (7) and (8), net emissionincreases of hazardous air pollutants exceed-ing the de minimis levels are considered sig-nificant only if they are also criteria pollu-tants.

11. Smoke—Small gas-borne particlesresulting from combustion, consisting of car-bon, ash and other material.

12. Solvent—Organic materials whichare liquid at standard conditions and whichare used as dissolves, viscosity reducers orcleaning agents.

13. Solvent metal cleaning—The processof cleaning soils from metal surfaces by coldcleaning or open-top vapor degreasing orconveyorized degreasing.

14. Solvent volatility—Reid vapor pres-sure.

15. Source gas volume—The volume ofgas arising from a process or other sourceoperation.

16. Source operation—See emissionunit.

17. Springfield-Greene County area—The geographical area contained withinGreene County.

18. St. Louis metropolitan area—Thegeographical area comprised of St. Louis, St.Charles, Jefferson and Franklin Counties andthe City of St. Louis.



19. Stack—Any spatial point in aninstallation designed to emit air contaminantsinto ambient air. An accidental opening suchas a crack, fissure, or hole is a source of fugi-tive emissions, not a stack.

20. Stack in existence—The owner oroperator had—1) begun, or caused to begin,a continuous program of physical on-site con-struction of the stack; or 2) entered into bind-ing agreements or contractual operations,which could not be cancelled or modifiedwithout substantial loss to the owner or oper-ator, to undertake a program of constructionof the stack to be completed in a reasonabletime.

21. Staff director—Director of the AirPollution Control Program of the Departmentof Natural Resources.

22. Standard conditions—A gas temper-ature of seventy degrees Fahrenheit (70°F)and a gas pressure of 14.7 pounds per squareinch absolute (psia).

23. Start-up—The setting into operationof any air pollution control equipment orprocess equipment, except the routine phas-ing in of process equipment.

24. State—Any nonfederal permittingauthority, including any local agency, inter-state association or statewide program. Whenclear from its context, state shall have its con-ventional territorial definition.

25. State implementation plan—A seriesof plans adopted by the commission, submit-ted by the director, and approved by theadministrator, detailing methods and proce-dures to be used in attaining and maintainingthe ambient air quality standards in Missouri.

26. Storage tank—Any tank, reservoir orvessel which is a container for liquids orgases, where no manufacturing process orpart of it, takes place.

27. Structural item—Roofs, walls, ceil-ings, floors, structural supports, pipes, ducts,fittings and fixtures that have been installedas an integral part of any structure.

28. Submerged fill pipe—Any fill pipethe discharge opening of which is entirelysubmerged when the liquid level is six inches(6") above the bottom of the tank. Submergedfill pipe when applied to a tank which isloaded from the side is defined as any fillpipe, the discharge opening of which isentirely submerged when the liquid level iseighteen inches (18") or twice the diameter ofthe fill pipe, whichever is greater, above thebottom of the tank.

29. Synthesized pharmaceutical manu-facturing—Manufacture of pharmaceuticalproducts by chemical synthesis.

(T) All terms beginning with “T.”1. Temporary installation—An installa-

tion which operates or emits pollutants lessthan two (2) years.

2. Third-party air monitoring—Air moni-

toring conducted in accordance with Chapter643, RSMo and 10 CSR 10-6.240 and 10CSR 10-6.250 by a person who is not underthe direct control of the person carrying outthe asbestos abatement project and who hasbeen selected by the owner or operator of theproperty on which the project is conducted.

3. Title I modification—Any modifica-tion that requires a permit under 10 CSR 10-6.060 section (7) or (8), or that is subject toany requirement under 10 CSR 10-6.070 or10 CSR 10-6.080.

4. Topcoat—The surface coatings ap-plied for the purpose of establishing the coloror protective surface, or both, includinggroundcoat and paint sealer materials, basecoat and clear coat.

5. Total fluoride—The elemental fluo-rine and all fluoride compounds as measuredby reference methods specified in 10 CSR 10-6.030(12) or equivalent or alternative meth-ods.

6. Trade waste—The solid, liquid orgaseous material resulting from constructionor the prosecution of any business, trade orindustry or any demolition operation includ-ing, but not limited to, plastics, cardboardcartons, grease, oil, chemicals or cinders.

7. Transfer efficiency (TE)—Ratio of theamount of coating solids transferred onto aproduct to the total of coating solids used. Inany surface coating operation, TE is the ratioof solids in a coating that adhere on a targetsurface to the total solids used in the processfor coating the target surface.

8. True vapor pressure—The equilibri-um partial pressure exerted by a petroleumliquid as determined in American PetroleumInstitute Bulletin 2517, Evaporation Lossfrom Floating Roof Tanks, 1962.

(U) All terms beginning with “U.”1. Uncombined water—The visible con-

densed water which is not bound, physicallyor chemically, to any air contaminant.

2. Unit—A fossil fuel-fired combustiondevice.

3. Unit turnaround—The procedure ofshutting a refinery process unit down to donecessary maintenance and repair work andputting the unit back on stream.

4. Unit walk through monitoring—Thesystem for monitoring volatile organic hydro-carbons which utilizes a portable hydrocar-bon monitor to measure ambient hydrocarbonlevels in the areas of all process equipment.

(V) All terms beginning with “V.”1. Vacuum producing system—Any rec-

iprocating, rotary or centrifugal blower orcompressor or any jet ejector device thattakes suction from a pressure below atmos-pheric on a system containing volatile hydro-carbons.

2. Vapor recovery system—A vaporgathering system capable of collecting the

hydrocarbon vapors and gases discharged anda vapor disposal system capable of processingthe hydrocarbon vapors and gases so as tolimit their emission to the atmosphere.

3. Vapor-mounted seal—A primary sealmounted so there is an annular vapor spaceunderneath the seal. The annular vapor spaceis bounded by the bottom of the primary seal,the tank wall, the liquid surface and the float-ing roof.

4. Vapor tight—When applied to a deliv-ery vessel or vapor recovery system as onethat sustains a pressure change of no morethan seven hundred fifty (750) pascals (threeinches (3") of H2O) in five (5) minutes whenpressurized to a gauge pressure of four thou-sand five hundred (4,500) pascals (eighteeninches (18") of H2O) or evacuated to a gaugepressure of one thousand five hundred(1,500) pascals (six inches (6") of H2O).

5. Varnish—An unpigmented surfacecoating containing VOC and composed ofresins, oils, thinners and driers used to give aglossy surface to wood, metal, etc.

6. Vehicle—Any mechanical device onwheels, designed primarily for use on streets,roads or highways, except those propelled ordrawn by human or animal power or thoseused exclusively on fixed rails or tracks.

7. Vinyl coating—The application of adecorative or protective topcoat, or printingor vinyl coated fabric or vinyl sheet.

8. Visible emission—Any discharge ofan air contaminant, including condensibles,which reduces the transmission of light orobscures the view of an object in the back-ground.

9. Volatile organic compounds (VOC)—For all areas in Missouri VOC means anycompound of carbon, excluding carbonmonoxide, carbon dioxide, carbonic acid,metallic carbides or carbonates, and ammoni-um carbonate, that participates in atmospher-ic photochemical reactions to produce ozone.

A. The following compounds are notconsidered VOCs because of their known lackof participation in the atmospheric reactionsto produce ozone:

CAS # Compound138495428 1,1,1,2,3,4,4,5,5,5-decafluoro-

pentane (HFC 43-10mee)431890 1,1,1,2,3,3,3-heptafluoro-

propane (HFC 227ea)375031 1,1,1,2,2,3,3-heptafluoro-3-

methoxy-propane(n-C3F7OCH3, HFE-7000)

690391 1,1,1,3,3,3-hexafluoropropane(HFC-236fa)

679867 1,1,2,2,3-pentafluoropropane(HFC-245ca)

24270664 1,1,2,3,3-pentafluoropropane(HFC-245ea)

431312 1,1,1,2,3-pentafluoropropane(HFC-245eb)



460731 1,1,1,3,3-pentafluoropropane(HFC-245fa)

431630 1,1,1,2,3,3-hexafluoropropane(HFC-236ea)

406586 1,1,1,3,3-pentafluorobutane(HFC-365mfc)

422560 3,3-dichloro-1,1,1,2,2-penta-fluoropropane (HCFC-225ca)

507551 1,3-dichloro-1,1,2,2,3-penta-fluoropropane (HCFC-5cb)

354234 1,2-dichloro-1,1,2-trifluoro-ethane (HCFC-123a)

1615754 1-chloro-1-fluorethane (HCFC151a)

163702076 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane (C4F9OCH3or HFE-7100);

163702087 2-(difluromethoxymethyl)-1,1,1,2,3,3,3-heptafluoro-propane ((CF3)2CFCF2OCH3)

163702054 1-ethoxy-1,1,2,2,3,3,4,4,4-non-afluorobutane (C4F9OC2H5 or HFE-7200)

163702065 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoro-propane ((CF3)2CFCF2OC2H5)

297730939 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoro-methyl)-hexane (HFE-7500)

71556 1,1,1-trichloroethane (methyl chloroform)

67641 acetone25497294 chlorodifluoroethane (HCFC-

142b)75456 chlorodifluoromethane (HCFC-

22)593704 chlorofluoromethane (HCFC-

31)76153 chloropentafluoroethane (CFC-

115)63938103 chlorotetrafluoroethane

(HCFC-124)75718 dichlorodifluoromethane (CFC-

12);1717006 dichlorofluoroethane (HCFC-

141b);1320372 dichlorotetrafluoroethane

(CFC-114)34077877 dichlorotrifluoroethane (HCFC-

123)75376 difluoroethane (HFC-152a)75105 difluoromethane (HFC-32)74840 ethane353366 ethylfluoride (HFC-161)74828 methane79209 methyl acetate107313 methyl formate (HCOOCH3)75092 methylene chloride

dichloromethane98566 parachlorobenzotrifluoride

(PCBTF)

354336 pentafluoroethane (HFC-125);127184 perchloroethylene359353 tetrafluoroethane (HFC-134)811972 tetrafluoroethane (HFC-134a)75694 trichlorofluoromethane

(CFC-11)26523648 trichlorotrifluoroethane (CFC-

113)306832 trifluorodichloroethane (HCFC-

123)27987060 trifluoroethane (HFC-143a)75467 trifluoromethane (HFC-23)0 cyclic, branched or linear, com-

pletely fluorinated alkanes0 cyclic, branched or linear, com-

pletely fluorinated ethers with no unsaturations

0 cyclic, branched or linear, com-pletely methylated siloxanes

0 cyclic, branched or linear, com-pletely fluorinated tertiary amines with no unsaturations

0 sulfur-containing perfluorocar-bons with no unsaturations and with sulfur bonds only to car-bon and fluorines

VOC may be measured by a referencemethod, an equivalent method, an alternativemethod or by procedures specified in either10 CSR 10-6.030 or 40 CFR 60. These meth-ods and procedures may measure nonreactivecompounds so an owner or operator mustexclude these nonreactive compounds whendetermining compliance.

B. The following compound(s) areconsidered VOC for purposes of all record keeping, emissions reporting, photo-chemical dispersion modeling and inventoryrequirements which apply to VOC and shallbe uniquely identified in emission reports,but are not VOC for purposes of VOC emis-sions limitations or VOC content require-ments.

CAS # Compound540885 t-butyl acetate

(W) All terms beginning with “W.”1. Waste generator—The business entity

that is directly responsible for the supervisionof activities that result in the accumulation offriable asbestos-containing waste materials.

2. Wastewater (oil/water) separator—Any device which constitutes a primary treat-ment step for separation of free oil from oilywaste waters, such as an American PetroleumInstitute (API) oil/water separator, and thelike, prior to further treatment of the wastewater.

3. Waxy, heavy pour crude oil—A crudeoil with a pour point of fifty degrees Fahren-heit (50°F) or higher as determined by theASTM Standard D(97-66), Test for PourPoint of Petroleum Oils.

4. Water base paint—A pigmented sur-face coating using water as a thinner and withthe binder an oil-resin combination or a latex.

5. Wet cleaning—The process of usingwater or other liquid and a wet brush, mop,cloth, sponge or similar wet cleaning deviceto completely remove any residue of asbestos-containing materials from surfaces on whichthey may be located. This definition does notinclude the use of a wet vacuum cleaner.

6. Wetting agent—Any chemical that isadded to water to decrease its surface tensionand allow it to spread more easily over orpenetrate into friable asbestos-containingmaterials.

7. Work area—A specific room or phys-ically isolated portion of a room, other thanthe space enclosed within a glove bag, inwhich friable asbestos-containing material isrequired to be handled in accordance with10 CSR 10-6.240. The area is designated asa work area from the time that the room, orportion of it, is secured and access restric-tions are in place. The area remains designat-ed as a work area until the time that it hasbeen cleaned in accordance with any require-ments applicable to these operations.

(X) All terms beginning with “X.”(Y) All terms beginning with “Y.”(Z) All terms beginning with “Z.”

(3) General Provisions. Common referencetables are provided in this section of the rule.

(A) Table 1—De Minimis Emission Levels.

Air Contaminant Emission RateCarbon monoxide 100.0Nitrogen dioxide 40.0Particulate Matter

PM 25.0PM10 15.0

Sulfur dioxide 40.0Ozone (to be measuredas VOC) 40.0

Lead 0.6Mercury 0.1Beryllium 0.0004Asbestos 0.007Fluorides 3.0Sulfur acid mist 7.0Vinyl chloride 1.0Hydrogen sulfide 10.0Total reduced sulfur 10.0(including hydrogen sulfide)

Reduced Sulfur Compounds 10.0(including hydrogen sulfide)

Municipal waste combustororganics 3.5 x 10-6

(measured as total tetra-throughocta-chlorinated dibenzo-p-dioxins and dibenzofurans)

Municipal waste combustormetals 15.0(measured as particulate matter)



Municipal waste combustor

acid gases 40.0

(measured as sulfur dioxide and

hydrogen chloride)

Municipal solid waste landfill

emissions 50.0

(measured as nonmethane

organic compounds)

Hazardous Air Pollutant (each) 10.0

Sum of Hazardous Air

Pollutants 25.0

Note: All rates in tons per year.

(B) Table 2—List of Named Installations.

Named Installations

1. Coal cleaning plants (with thermal

dryers)

2. Kraft pulp mills

3. Portland cement plants

4. Primary zinc smelters

5. Iron and steel mills

6. Primary aluminum ore reduction

plants

7. Primary copper smelters

8. Municipal incinerators capable of

charging more than 250 tons of re-

fuse per day

9. Hydrofluoric, sulfuric or nitric acid

plants

10. Petroleum refineries

11. Lime plants

12. Phosphate rock processing plants

13. Coke oven batteries

14. Sulfur recovery plants

15. Carbon black plants (furnace

process)

16. Primary lead smelters

17. Fuel conversion plants

18. Sintering plants

19. Secondary metal production plants

20. Chemical process plants

21. Fossil-fuel boilers (or combination

thereof) totaling more than 250 mil-

lion British thermal units per hour

heat input

22. Petroleum storage and transfer

facilities with a capacity exceeding

three hundred thousand (300,000)

barrels

23. Taconite ore processing facilities

24. Glass fiber processing plants

25. Charcoal production facilities

26. Fossil-fuel-fired steam electric

plants of more than 250 million

British thermal units per hour heat

27. Any other stationary source cate-

gory which, as of August 7, 1980,

is being regulated under section 111

or 112 of the Act

(C) Table 3—Hazardous Air Pollutants.

CAS # Hazardous Air Pollutant

75070 Acetaldehyde60355 Acetamide75058 Acetonitrile98862 Acetophenone53963 2-Acetylaminofluorene107028 Acrolein79061 Acrylamide79107 Acrylic acid107131 Acrylonitrile107051 Allyl chloride92671 4-Aminobiphenyl62533 Aniline90040 o-Anisidine1332214 Asbestos71432 Benzene (including from gaso-

line)92875 Benzidine98077 Benzotrichloride100447 Benzyl chloride192524 Biphenyl117817 Bis(2-ethylhexyl)phthalate

(DEHP)542881 Bis(chloromethyl)ether75252 Bromoform106990 1,3-Butadiene156627 Calcium cyanamide133062 Captan63252 Carbaryl75150 Carbon disulfide56235 Carbon tetrachloride463581 Carbonyl sulfide120809 Catechol133904 Chloramben57749 Chlordane7782505 Chlorine79118 Chloroacetic acid532274 2-Chloroacetophenone108907 Chlorobenzene510156 Chlorobenzilate67663 Chloroform107302 Chloromethyl methyl ether126998 Chloroprene1319773 Cresols/Cresylic acid (isomers

and mixture)108394 m-Cresol95487 o-Cresol106445 p-Cresol98828 Cumene94757 2,4-D, salts and esters3547044 DDE334883 Diazomethane132649 Dibenzofurans96128 1,2-Dibromo-3-chloropropane84742 Dibutylphthalate106467 1,4-Dichlorobenzene(p)91941 3,3-Dichlorobenzidine111444 Dichloroethyl ether (Bis(2-

chloroethyl)ether)542756 1,3-Dichloropropene62737 Dichlorvos

111422 Diethanolamine121697 N,N-Dimethylaniline64675 Diethyl sulfate119904 3,3-Dimethoxybenzidine60117 Dimethyl aminoazobenzene119937 3,3-Dimethyl benzidine79447 Dimethyl carbamoyl chloride68122 Dimethyl formamide57147 1,1-Dimethyl hydrazine131113 Dimethyl phthalate77781 Dimethyl sulfate534521 4,6-Dinitro-o-cresol and salts51285 2,4-Dinitrophenol121142 2,4-Dinitrotoluene123911 1,4-Dioxane (1,4-Diethyleneox-

ide)122667 1,2-Diphenylhydrazine106898 Epichlorohydrin (1-Chloro-2,3-

epoxypropane)106887 1,2-Epoxybutane140885 Ethyl acrylate100414 Ethyl benzene51796 Ethyl carbamate (Urethane)75003 Ethyl chloride (Chloroethane)106934 Ethylene dibromide (1,2-Dibro-

moethane)107062 Ethylene dichloride (1,2-

Dichloroethane)107211 Ethylene glycol151564 Ethylene imine (Aziridine)75218 Ethylene oxide96457 Ethylene thiourea75343 Ethylidene dichloride (1,1-

Dichloroethane)50000 Formaldehyde76448 Heptachlor118741 Hexachlorobenzene87683 Hexachlorobutadiene77474 Hexachlorocyclopentadiene67721 Hexachloroethane822060 Hexamethylene-1,6-diiso-

cyanate680319 Hexamethylphosphoramide110543 Hexane302012 Hydrazine7647010 Hydrochloric acid7664393 Hydrogen fluoride (hydrofluoric

acid)123319 Hydroquinone78591 Isophorone58899 Lindane (all isomers)108316 Maleic anhydride67561 Methanol72435 Methoxychlor74839 Methyl bromide

(Boimomethane)74873 Methyl chloride

(Chloromethane)71556 Methyl chloroform (1,1,1-

Trichloromethane)78933 Methyl ethyl ketone (2-

Butanone)



60344 Methyl hydrazine74884 Methyl iodide (Iodomethane)108101 Methyl isobutyl ketone (Hex-

one)624839 Methyl isocyanate80626 Methyl methacrylate1634044 Methyl tert butyl ether101144 4,4-Methylene bis(2-chloroani-

line)75092 Methylene chloride

(Dichloromethane)101688 Methylene diphenyldiisocyanate

(MDI)101779 4,4-Methylenedianiline91203 Naphthalene12035722 Nickel subsulfide98953 Nitrobenzene92933 4-Nitrobiphenyl100027 4-Nitrophenol79469 2-Nitropropane684935 N-Nitroso-N-methylurea62759 N-Nitrosodimethylamine59892 N-Nitrosomorpholine56382 Parathion82688 Pentachloronitrobenzene (Quin-

tobenzene)87865 Pentachlorophenol108952 Phenol106503 p-Phenylenediamine75445 Phosgene7803512 Phosphine7723140 Phosphorus85449 Phthalic anhydride1336363 Polychlorinated biphenyls

(Arochlors)1120714 1,3-Propane sultone57578 beta-Propiolactone123386 Propionaldehyde114261 Propoxur (Baygon)78875 Propylene dichloride (1,2-

Dichloropropane)75569 Propylene oxide75558 1,2-Propylenimine (2-Methyl

aziridine)91225 Quinoline106514 Quinone100425 Styrene96093 Styrene oxide1746016 2,3,7,8-Tetrachloro-dibenzo-p-

dioxin79345 1,1,2,2-Tetrachloroethane127184 Tetrachloroethylene (Per-

chloroethylene)7550450 Titanium tetrachloride108883 Toluene95807 2,4-Toluene diamine584849 2,4-Toluene diisocyanate95534 o-Toluidine8001352 Toxaphene (Chlorinated cam-

phene)120821 1,2,4-Trichlorobenzene79005 1,1,2-Trichloromethane

79016 Trichloroethylene95954 2,4,5-Trichlorophenol88062 2,4,6-Trichlorophenol121448 Triethylamine1582098 Trifluralin540841 2,2,4-Trimethylpentane108054 Vinyl acetate593602 Vinyl bromide (bromoethene)75014 Vinyl chloride75354 Vinylidene chloride (1,1-

Dichloroethylene)1330207 Xylenes (isomers and mixture)108383 m-Xylenes95476 o-Xylenes106423 p-Xylenes0 Antimony compounds0 Arsenic compounds (inorganic)0 Beryllium compounds0 Beryllium salts0 Cadmium compounds0 Chromium compounds0 Cobalt compounds0 Coke oven emissions

0 Cyanide compounds1

0 Glycol ethers2

0 Lead compounds0 Manganese compounds0 Mercury compounds

0 Mineral fibers3

0 Nickel compounds0 Nickel refinery dust

0 Polycyclic organic matter4

0 Radionuclides (including

radon)5

0 Selenium compounds

Note: For all listings in this table that containthe word compounds and for glycol ethers,the following applies: Unless otherwise spec-ified, these listings are defined as includingany unique chemical substance that containsthe named chemical (that is, antimony,arsenic and the like) as part of that chemical’sinfrastructure.

1 X’CN where X–H’ or any other groupwhere a formal dissociation may occur, forexample, KCN or Ca(CN)2.

2 Includes mono- and diethers of ethyleneglycol, diethylene glycol and triethyleneglycol R-(OCH2CH2)n-OR’ where n = 1, 2or 3; R = Alkyl or aryl groups; R’ = R, Hor groups which, when removed, yield gly-col ethers with the structure R-(OCH2CH2)n-OH. Polymers and ethyleneglycol monobutyl ether are excluded fromthe glycol category.

3 Includes glass microfibers, glass woolfibers, rock wool fibers and slag woolfibers, each characterized as respirable(fiber diameter less than three and one-half(3.5) micrometers) and possessing an aspect

ratio (fiber length divided by fiber diame-ter) greater than or equal to three (3), asemitted from production of fiber and fiberproducts.

4 Includes organic compounds with more thanone (1) benzene ring, and which have aboiling point greater than or equal to onehundred degrees Celsius (100°C).

5 A type of atom which spontaneously under-goes radioactive decay.

(4) Reporting and Record Keeping (NotApplicable)

(5) Test Methods (Not Applicable)

AUTHORITY: sections 643.050 and 643.055,RSMo 2000.* Original rule filed Aug. 16,1977, effective Feb. 11, 1978. Amended:Filed Feb. 27, 1978, effective Dec. 11, 1978.Amended: Filed Aug. 11, 1978, effective April12, 1979. Amended: Filed Nov. 14, 1978,effective June 11, 1979. Amended: Filed Dec.15, 1978, effective June 11, 1979. Amended:Filed March 15, 1979, effective Nov. 11,1979. Amended: Filed Dec. 10, 1979, effec-tive April 11, 1980. Amended: Filed March13, 1980, effective Sept. 12, 1980. Amended:Filed Sept. 12, 1980, effective April 11, 1981.Amended: Filed Jan. 14, 1981, effective June11, 1981. Amended: Filed March 11, 1981,effective Aug. 13, 1981. Amended: Filed Nov.10, 1981, effective May 13, 1982. Amended:Filed Dec. 10, 1981, effective June 11, 1982.Amended: Filed June 14, 1982, effective Dec.11, 1982. Amended: Filed Aug. 13, 1982,effective Jan. 13, 1983. Amended: Filed Jan.12, 1983, effective June 11, 1983. Amended:Filed Oct. 13, 1983, effective March 11,1984. Amended: Filed Oct. 15, 1984, effec-tive May 11, 1985. Emergency amendmentfiled Nov. 9, 1984, effective Nov. 19, 1984,expired March 19, 1985. Amended: FiledJan. 15, 1985, effective May 11, 1985.Amended: Filed July 3, 1985, effective Dec.12, 1985. Amended: Filed Jan. 6, 1986,effective May 11, 1986. Amended: Filed Feb.4, 1987, effective May 28, 1987. Amended:Filed April 2, 1987, effective Aug. 27, 1987.Amended: Filed Sept. 1, 1987, effective Dec.24, 1987. Amended: Filed Jan. 5, 1988,effective April 28, 1988. Amended: FiledMarch 16, 1988, effective Aug. 25, 1988.Amended: Filed Oct. 4, 1988, effectiveMarch 11, 1989. Amended: Filed June 30,1989, effective Nov. 26, 1989. Amended:Filed Jan. 24, 1990, effective May 24, 1990.Amended: Filed Jan. 3, 1991, effective Aug.30, 1991. Amended: Filed March 31, 1992,effective Feb. 26, 1993. Amended: Filed Dec.14, 1992, effective Sept. 9, 1993. Amended:Filed Sept. 2, 1993, effective May 9, 1994.



Amended: Filed Dec. 15, 1994, effective Aug.30, 1995. Amended: Filed Sept. 29, 1995,effective May 30, 1996. Amended: Filed Oct.3, 1995, effective June 30, 1996. Amended:Filed Aug. 15, 1997, effective April 30, 1998.Amended: Filed July 29, 1998, effective May30, 1999. Amended: Filed Sept. 22, 1999,effective May 30, 2000. Amended: FiledMarch 5, 2003, effective Oct. 30, 2003.Amended: Filed July 6, 2005, effective Feb.28, 2006.

*Original authority: 643.050, RSMo 1965, amended 1972,1992, 1993, 1995 and 643.055, RSMo 1979, amended1992, 1994, transferred 1986, formerly 203.055.

10 CSR 10-6.030 Sampling Methods for

Air Pollution Sources

PURPOSE: This rule defines methods forperforming emissions sampling on air pollu-tion sources throughout Missouri, only asspecified by the Air Conservation Commis-sion emission rules.

(1) Samples and velocity traverses for sourcesampling shall be conducted as specified by40 CFR part 60 Appendix A Test Methods,Method 1—Sample and Velocity Traverses forStationary Sources.

(2) The velocity of stack gases is to be deter-mined by measuring velocity head using aType “S” (Stauscheibe or reverse type) pitottube as specified by 40 CFR part 60, Appen-dix A—Test Methods, Method 2—Determina-tion of Stack Gas Velocity and VolumetricFlow Rate (Type S Pitot Tube).

(3) The carbon dioxide, oxygen, excess airand dry molecular weight contained in stackgases shall be determined as specified by 40CFR part 60, Appendix A—Test Methods,Method 3—Gas Analysis for Carbon Dioxide,Oxygen, Excess Air and Dry MolecularWeight.

(4) The moisture content in stack gases shallbe determined as specified by 40 CFR part60, Appendix A—Test Methods, Method 4—Determination of Moisture Content in StackGases.

(5) Particulate Matter Emissions.(A) The concentration of particulate matter

emissions in stack gases shall be determinedas specified by 40 CFR part 60, AppendixA—Test Methods, Method 5—Determinationof Particulate Emissions from StationarySources.

(B) The quantity of particulate matteremissions from certain industrial processes asdetermined by the director shall be deter-mined as specified by 40 CFR part 60,Appendix A—Test Methods, Method 17—Determination of Particulate Emissions fromStationary Sources (In-Stack FiltrationMethod).

(C) The concentration of particulates ofPM10 shall be determined as specified by 40CFR part 51, Appendix M—Test Methods,Method 201—Determination of PM10 Emis-sions (Exhaust Gas Recycle Procedure).When water droplets are known to exist inemissions, use Method 5 as defined in sub-section (5)(A) of this rule and consider theparticulate catch to be PM10 emissions.

(D) The concentration of particulates ofPM10 shall be determined as specified by 40CFR part 51, Appendix M—Test Methods,Method 201A—Determination of PM10 Emis-sions (Constant Sampling Rate Procedure).When water droplets are known to exist inemissions, use Method 5 as defined in sub-section (5)(A) of this rule and consider theparticulate catch to be PM10 emissions.

(E) The concentration of condensible par-ticulate matter (CPM) emissions in stackgases shall be determined as specified by 40CFR part 51, Appendix M—Test Methods,Method 202—Determination of CondensibleParticulate Emissions from StationarySources. EPA Conditional Test Method 039—Measurement of PM2.5 and PM10 EmissionsBy Dilution Sampling (Constant SamplingRate Procedures—July 2004) may be used todetermine the total PM10 and PM2.5 fractionof filterable particulate matter including con-densibles.

(F) The concentration of PM2.5 emissionsin stack gases shall be determined as speci-fied by 40 CFR part 51, Appendix M—TestMethods, Method 202—Determination ofCondensible Particulate Emissions from Sta-tionary Sources and EPA Conditional TestMethod 040—Method For The DeterminationOf PM10 and PM2.5 Emissions (ConstantSampling Rate Procedures—December 3,2002). EPA Conditional Test Method 039—Measurement of PM2.5 and PM10 EmissionsBy Dilution Sampling (Constant SamplingRate Procedures—July 2004) may be used todetermine the total PM10 and PM2.5 fractionof filterable particulate matter including con-densibles.

(6) The sulfur dioxide emissions from airpollution sources shall be determined asspecified by 40 CFR part 60, Appendix ATest Methods, Method 6—Determination ofSulfur Dioxide Emissions from StationarySources.

(7) The nitrogen oxide emissions from airpollution sources shall be determined asspecified by 40 CFR part 60, Appendix A—Test Methods, Method 7—Determination ofNitrogen Oxide Emissions from StationarySources.

(8) The sulfuric acid mist and sulfur dioxideemissions from air pollution sources shall bedetermined as specified by 40 CFR part 60,Appendix A—Test Methods, Method 8—Determination of Sulfuric Acid Mist and Sul-fur Dioxide Emissions from StationarySources.

(9) Visible Emissions.(A) The visible emissions from air pollu-

tion sources shall be evaluated as specified by40 CFR part 60, Appendix A—Test Methods,Method 9—Visual Determination of theOpacity of Emissions from StationarySources.

(B) Visible fugitive emissions shall be eval-uated as specified by 40 CFR part 60, Appen-dix A—Test Methods. Method 22—VisualDetermination of Fugitive Emissions fromMaterial Sources and Smoke Emissions fromFlares.

(10) The carbon monoxide emissions fromair pollution sources shall be determined asspecified by 40 CFR part 60, Appendix A—Test Methods, Method 10—Determination ofCarbon Monoxide Emissions from StationarySources.

(11) The hydrogen sulfide emissions from airpollution sources shall be determined asspecified by 40 CFR part 60, Appendix A—Test Methods, Method 11—Determination ofHydrogen Sulfide Content of Fuel GasStreams in Petroleum Refineries.

(12) The lead emissions from air pollutionsources shall be determined as specified by40 CFR part 60, Appendix A—Test Methods,Method 12—Determination of Inorganic LeadEmissions from Stationary Sources.

(13) The total fluoride emissions and theassociated moisture content from air pollu-tion sources shall be determined as specifiedby 40 CFR part 60, Appendix A—Test Meth-ods, Method 13A—Determination of TotalFluoride Emissions from StationarySources—SPADNS Zirconium Lake Methodor Method 13B—Determination of Total Flu-oride Emissions from Stationary Sources—Specific Ion Electrode Method. For Method13A or 13B, the sampling time for each runshall be at least sixty (60) minutes and theminimum sample volume shall be at least0.85 standard dry cubic meter (thirty (30)



standard dry cubic foot) except that shortersampling times or smaller volumes, whennecessitated by process variables or other fac-tors, may be approved by the director.

(14) Volatile organic compound emissionsfrom air pollution sources shall be deter-mined—

(A) As specified by 40 CFR part 60,Appendix A—Test Methods, Method 25—Determination of Total Gaseous NonmethaneOrganic Emissions as Carbon;

(B) As specified by 40 CFR part 60,Appendix A—Test Methods, Method 27—Determination of Vapor Tightness of GasolineDelivery Tanks Using Pressure-Vacuum Test;

(C) As specified by 40 CFR part 60,Appendix A—Test Methods, Method 24—Determination of Volatile Matter Content,Water Content, Density, Volume, Solids andWeight Solids of Surface Coatings;

(D) As specified by 40 CFR part 60,Appendix A—Test Methods, Method 24A—Determination of Volatile Matter Content andDensity of Printing Inks and Related Coat-ings; or

(E) As specified by 40 CFR part 60,Appendix A—Test Methods, Method 21—Determination of Volatile Organic CompoundLeaks.

(15) The hydrogen chloride emissions fromair pollution sources shall be determined asspecified by 40 CFR part 60, Appendix A—Test Methods, Method 26—Determination ofHydrogen Chloride Emissions from Station-ary Sources.

(16) Dioxin and furan emissions from air pol-lution sources shall be determined as speci-fied by 40 CFR part 60, Appendix A— TestMethods, Method 23—Determination of Poly-chlorinated Dibenzo-p-Dioxins and Polychlo-rinated Dibenzofurans from StationarySources.

(17) The mercury emissions, both particulateand gaseous, from air pollution sources shallbe determined as specified by 40 CFR part61, Appendix B—Test Methods, Method101A—Determination of Particulate andGaseous Mercury Emissions from StationarySources.

(18) The latest effective date of any 40 CFRpart 60, Appendix A—Test Methods shall beas designated in 10 CSR 10-6.070 NewSource Performance Regulations.

(19) Alternative Sampling Method. An alter-native sampling method to any method refer-enced in this rule may be used provided it isin accordance with good professional prac-

tice, provides results of at least the sameaccuracy and precision as the replacedmethod and receives the approval of thedirector for its use.

(20) The capture efficiency of air pollutioncontrol devices shall be determined as speci-fied by the U.S. Environmental ProtectionAgency’s (EPA’s) February 7, 1995 memo-randum entitled, “Revised Capture EfficiencyGuidance for Control of Volatile OrganicCompound Emission” and the U.S. EPA’sJanuary 9, 1994 technical document entitled,“Guidelines for Determining Capture Effi-ciency.” For automobile and light-duty trucktopcoat operations, the capture efficiency ofair pollution control devices shall be deter-mined as specified in U.S. EPA’s documententitled, “Protocol for Determining the DailyVolatile Organic Compound Emission Rate ofAutomobile and Light-Duty Truck TopcoatOperations” (USEPA-450/3/88-018), asamended by Enclosure 1, dated March 8,1996, and entitled, “23—Determining Spray-booth VOC Capture Efficiency.”

AUTHORITY: sections 643.050, and643.055, RSMo 2000.* Original rule filedAug. 16, 1977, effective Feb. 11, 1978.Amended: Filed Feb. 27, 1978, effective Dec.11, 1978. Amended: Filed Sept. 14, 1978,effective April 12, 1979. Amended: Filed July16, 1979, effective Feb. 11, 1980. Amended:Filed Dec. 10, 1979, effective April 11, 1980.Amended: Filed March 13, 1980, effectiveSept. 12, 1980. Amended: Filed Feb. 14,1984, effective July 12, 1984. Amended:Filed June 2, 1987, effective Nov. 23, 1987.Amended: Filed Sept. 1, 1987, effective Dec.24, 1987. Amended: Filed Aug. 4, 1988,effective Nov. 24, 1988. Amended: Filed Feb.4, 1991, effective Sept. 30, 1991. Amended:Filed Sept. 3, 1991, effective April 9, 1992.Amended: Filed April 15, 1996, effectiveNov. 30, 1996. Amended: Filed April 14,1998, effective Nov. 30, 1998. Amended:Filed July 6, 2005, effective Feb. 28, 2006.

*Original authority: 643.050, RSMo 1965, amended 1972,1992, 1993, 1995; and 643.055, RSMo 1979, amended1992, 1994, transferred 1986, formerly 203.055.

10 CSR 10-6.040 Reference Methods

PURPOSE: This rule provides referencemethods for determining data and informa-tion necessary for the enforcement of air pol-lution control regulations throughout Mis-souri.

(1) The percent sulfur in solid fuels shall bedetermined as specified by American Societyof Testing and Materials (ASTM) MethodD(3177-75) Total Sulfur in the Analysis Sam-ple of Coal and Coke.

(2) The heat content or higher heating value(HHV) of solid fuels shall be determined byuse of the Adiabatic Bomb Calorimeter asspecified by ASTM Method D(2015-66)Gross Calorific Value of Solid Fuel by theAdiabatic Bomb Calorimeter.

(3) The heat content or HHV of liquid hydro-carbons shall be determined as specified byASTM Method D(240-64) Heat of Combust-ion of Liquid Hydrocarbon by BombCalorimeter.

(4) The methods for determining the concen-trations of the following air contaminants inthe ambient air shall be as specified in 40CFR part 50, Appendices A–N or equivalentmethods as specified in 40 CFR part 53:

(A) The concentration of sulfur dioxideshall be determined as specified in 40 CFRpart 50, Appendix A—Reference Method forthe Determination of Sulfur Dioxide in theAtmosphere (Pararosaniline Method) or anequivalent method as approved by 40 CFRpart 53;

(B) The concentration of total suspendedparticulate shall be determined as specified in40 CFR part 50, Appendix B—ReferenceMethod for the Determination of SuspendedParticulates in the Atmosphere (High VolumeMethod);

(C) The concentration of carbon monoxidein the ambient air shall be determined asspecified in 40 CFR part 50, Appendix C—Measurement Principle and Calibration Pro-cedure for the Continuous Measurement ofCarbon Monoxide in the Atmosphere (Non-Dispersive Infrared Spectrometry) or equiva-lent methods as approved by 40 CFR part 53;

(D) The concentration of photochemicaloxidants (ozone) in the ambient air shall bedetermined as specified in 40 CFR part 50,Appendix D—Measurement Principle andCalibration Procedure for the Measurementof Ozone in the Atmosphere or equivalentmethods as approved by 40 CFR part 53;

(E) Reserved(F) The concentration of nitrogen dioxide

in the ambient air shall be determined asspecified in 40 CFR part 50, Appendix F—Measurement Principle and Calibration Pro-cedure for the Measurement of NitrogenDioxide in the Atmosphere (Gas PhaseChemiluminescence) or equivalent methodsas approved by 40 CFR part 53;



(G) The concentration of lead in the ambi-ent air shall be determined as specified in 40CFR part 50, Appendix G—ReferenceMethod for the Determination of Lead in Sus-pended Particulate Matter Collected FromAmbient Air or equivalent methods asapproved by 40 CFR part 53;

(H) Compliance with the one (1) hourozone standard shall be determined as speci-fied in 40 CFR part 50, Appendix H—Inter-pretation of the National Ambient Air Quali-ty Standards for Ozone;

(I) Compliance with the eight (8) hourozone standards shall be determined as spec-ified in 40 CFR part 50, Appendix I—Inter-pretation of the 8-Hour Primary and Sec-ondary National Ambient Air QualityStandards for Ozone;

(J) The concentration of particulate matter10 micron (PM10) in the ambient air shall be

determined as specified in 40 CFR part 50,Appendix J—Reference Method for theDetermination of Particulate Matter as PM10

in the Atmosphere, or an equivalent methodas approved in 40 CFR part 53; and

(K) Compliance with particulate matter 10PM10 standards shall be determined as speci-fied in 40 CFR part 50, Appendix K—Inter-pretation of the National Ambient Air Quali-ty Standards for Particulate Matter;

(L) The concentration of particulate matter2.5 micron (PM2.5) in the ambient air shallbe determined as specified in 40 CFR part50, Appendix L—Reference Method for theDetermination of Fine Particulate Matter asPM2.5 in the Atmosphere, or an equivalentmethod as approved in 40 CFR part 53; and

(M) Compliance with particulate matter2.5 (PM2.5) standards shall be determined asspecified in 40 CFR part 50, Appendix N—Interpretation of the National Ambient AirQuality Standards for Particulate Matter.

(5) The concentration of hydrogen sulfide(H2S) in the ambient air shall be determinedby scrubbing all sulfur dioxide (SO2) presentin the sample and then converting each mol-ecule of H2S to SO2 with a thermal convert-er so that the resulting SO2 is detected by ananalyzer as specified in 40 CFR part 50,Appendix A—Reference Method for theDetermination of Sulfur Dioxide in theAtmosphere (Pararosaniline Method) or anequivalent method approved by 40 CFR part53, in which case the calibration gas usedmust be National Institute of Standards andTechnology traceable H2S gas.

(6) The concentration of sulfuric acid mist inthe ambient air shall be determined as speci-fied in the Compendium Method IO-4-2,Determination of Reactive Acidic and BasicGases and Strong Acidity of Fine-Particles

(<2.5 µm), Center for EnvironmentalResearch Information, Office of Researchand Development, U.S. Environmental Pro-tection Agency, Cincinnati, OH 45268,EPA/625/R-96/010a.

(A) The concentration of total sulfur shallbe determined as specified in section (4) ofthis rule by sampling for sulfur dioxide with-out removing other sulfur compound interfer-ences.

(B) The concentration of sulfur dioxideshall be determined as specified by section(4) of this rule.

(C) The concentration of hydrogen sulfideshall be determined as specified by section(5) of this rule.

(7) The percent sulfur in liquid hydrocarbonsshall be determined as specified by ASTMD(2622-98), Sulfur in Petroleum Products byX-Ray Fluorescence Spectrometry.

(8) The amount of solvent present in earth fil-ters and distillation wastes shall be deter-mined as specified by ASTM Method D(322-67), Standard Test Method for GasolineDiluent in Used Gasoline Engine Oils by Dis-tillation.

(9) The latest effective date of any 40 CFRpart 50, Appendices A–N and equivalentmethods as specified in 40 CFR part 53 shallbe as designated in 10 CSR 10-6.070 NewSource Performance Regulations for 40 CFRpart 60.

AUTHORITY: section 643.050, RSMo 2000.*Original rule filed Aug. 16, 1977, effectiveFeb. 11, 1978. Amended: Filed Sept. 14,1978, effective April 12, 1979. Amended:Filed Dec. 10, 1979, effective April 11, 1980.Amended: Filed March 13, 1980, effectiveSept. 12, 1980. Amended: Filed Feb. 14,1984, effective July 12, 1984. Amended:Filed Jan. 5, 1988, effective April 28, 1988.Amended: Filed Oct. 13, 2000, effective July30, 2001. Amended: Filed July 6, 2005, effec-tive Feb. 28, 2006.

*Original authority: 643.050, RSMo 1965, amended 1972,1992, 1993, 1995.

10 CSR 10-6.050 Start-Up, Shutdown and

Malfunction Conditions

PURPOSE: This rule, applicable to all instal-lations in Missouri, provides the owner oroperator of an installation the opportunity tosubmit data regarding conditions which resultin excess emissions. These submittals will be

used by the director to determine whether theexcess emissions were due to a start-up, shut-down or malfunction condition. These deter-minations will be used in deciding whether ornot enforcement action is appropriate.

(1) Applicability. This regulation applies toall installations in the state of Missouri.

(2) Definitions. Definitions of certain termsin this rule, other than those specified in thisrule section, may be found in 10 CSR 10-6.020.

(3) General Provisions. (A) In the event of a malfunction, which

results in excess emissions that exceeds one(1) hour, the owner or operator of such facil-ity shall notify the Missouri Department ofNatural Resources’ Air Pollution ControlProgram in the form of a written reportwhich shall be submitted within two (2) busi-ness days. The written report shall include, ata minimum, the following:

1. Name and location of installation;2. Name and telephone number of per-

son responsible for the installation;3. Name of the person who first discov-

ered the malfunction and precise time anddate that the malfunction was discovered;

4. Identity of the equipment causing theexcess emissions;

5. Time and duration of the period ofexcess emissions;

6. Cause of the excess emissions;7. Air pollutants involved;8. Estimate of the magnitude of the

excess emissions expressed in the units of theapplicable requirement and the operating dataand calculations used in estimating the mag-nitude;

9. Measures taken to mitigate the extentand duration of the excess emissions; and

10. Measures taken to remedy the situa-tion which caused the excess emissions andthe measures taken or planned to prevent therecurrence of these situations.

(B) The owner or operator shall notify theMissouri Department of Natural Resources’Air Pollution Control Program at least ten(10) days prior to any maintenance, start-upor shutdown, which is expected to cause anexcess release of emissions that exceeds one(1) hour. If notice cannot be given ten (10)days prior to any maintenance, start-up orshutdown, which is expected to cause anexcess release of emissions, notice shall begiven as soon as practicable prior to themaintenance, start-up or shutdown or orallyas soon as practical during normal workinghours after the release and no later than closeof business of the following working day with



written notice to follow within ten (10) work-ing days of the release. The owner or opera-tor of such facility shall notify the MissouriDepartment of Natural Resources’ Air Pollu-tion Control Program in the following ways:a written report including:

1. Name and location of installation;2. Name and telephone number of per-

son responsible for the installation;3. Name of the person who first discov-

ered the malfunction and precise time anddate that the malfunction was discovered;

4. Identity of the equipment causing theexcess emissions;

5. Time and duration of the period ofexcess emissions;

6. Type of activity and the reason for themaintenance, start-up or shutdown;

7. Type of air contaminant involved;8. Estimate of the magnitude of the

excess emissions expressed in the units of theapplicable emission control regulation andthe operating data and calculations used inestimating the magnitude;

9. Measures taken to mitigate the extentand duration of the excess emissions; and

10. Measures taken to remedy the situa-tion which caused the excess emissions andthe measures taken or planned to prevent therecurrence of these situations.

(C) Upon receipt of a notice of excessemissions issued by the Missouri Departmentof Natural Resources or an agency holding acertificate of authority under section643.140, RSMo, the source to which thenotice is issued may provide informationshowing that the excess emissions were theconsequence of a malfunction, start-up orshutdown. Based upon any information sub-mitted by the source operator and any otherpertinent information available, the directoror the commission shall make a determina-tion whether the excess emissions constitute amalfunction, start-up or shutdown andwhether the nature, extent and duration of theexcess emissions warrant enforcement actionunder section 643.080 or 643.151, RSMo.

1. In determining whether enforcementaction is warranted, the director or commis-sion shall consider the following factors:

A. Whether the excess emissions dur-ing start-up, shutdown or malfunctionoccurred as a result of safety, technologicalor operating constraints of the control equip-ment, process equipment or process;

B. Whether the air pollution controlequipment, process equipment or processeswere, at all times, maintained and operated tothe maximum extent practical, in a mannerconsistent with good practice for minimizingemissions;

C. Whether repairs were made as

expeditiously as practicable when the opera-tor knew or should have known when excessemissions were occurring;

D. Whether the amount and durationof the excess emissions were limited to themaximum extent practical during periods ofthis emission;

E. Whether all practical steps weretaken to limit the impact of the excess emis-sions on the ambient air quality;

F. Whether all emission monitoringsystems were kept in operation if at all possi-ble;

G. Whether the owner or operator’sactions in response to the excess emissionswere documented by properly signed, con-temporaneous operating logs, or other rele-vant evidence;

H. Whether the excess emissionswere not part of a recurring pattern indicativeof inadequate design, operation or mainte-nance; and

I. Whether the owner or operatorproperly and promptly notified the appropri-ate regulatory authority.

2. The information provided by thesource operator under paragraph (3)(C)1.shall include, at a minimum, the following:

A. Name and location of installation; B. Name and telephone number of

person responsible for the installation; C. Name of the person who first dis-

covered the malfunction and precise time anddate that the malfunction was discovered;

D. The identity of the equipmentcausing the excess emissions;

E. The time and duration of the peri-od of excess emissions;

F. The cause of the excess emissions; G. The type of air contaminant

involved; H. A best estimate of the magnitude

of the excess emissions expressed in the unitsof the applicable emission control regulationand the operating data and calculations usedin estimating the magnitude;

I. The measures taken to mitigate theextent and duration of the excess emissions;and

J. The measures taken to remedy thesituation which caused the excess emissionsand the measures taken or planned to preventthe recurrence of these situations.

(D) Nothing in this rule shall be construedto limit the authority of the director or thecommission to take appropriate action, undersections 643.080, 643.090 and 643.151,RSMo to enforce the provisions of the AirConservation Law and the correspondingrule.

(E) Compliance with this rule does notautomatically absolve the owner or operator

of such facility of liability for the excessemissions reported.

(4) Reporting and Record Keeping. (A) The information specified in paragraph

(3)(C)2. shall be submitted to the director notlater than fifteen (15) days after receipt of thenotice of excess emissions. Informationregarding the type and amount of emissionsand time of the episode shall be recorded andkept on file. This data shall be included inemissions reported on any required Emis-sions Inventory Questionnaire.

(B) The information submitted accordingto paragraphs (3)(A)2., (3)(B)2. and(3)(C)2., shall be kept on file at the installa-tion for a period of five (5) years. This datashall be included in emissions reported onany required Emissions Inventory Question-naire. The information shall be available tothe director upon request.

(5) Test Methods (Not Applicable)

AUTHORITY: section 643.050, RSMo2000.* Original rule filed March 15, 1979,effective Nov. 11, 1979. Amended: Filed April2, 1987, effective Aug. 27, 1987. Amended:Filed June 15, 2001, effective Feb. 28, 2002.


10 CSR 10-6.060 Construction Permits

Required

PURPOSE: This rule defines sources whichare required to obtain permits to construct. Itestablishes requirements to be met prior toconstruction or modification of any of thesesources. This rule also establishes permit feesand public notice requirements for certainsources and incorporates a means for unify-ing the processing of construction and oper-ating permit issuance.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.Therefore, the material which is so incorpo-rated is on file with the agency who filed thisrule, and with the Office of the Secretary ofState. Any interested person may view thismaterial at either agency’s headquarters orthe same will be made available at the Officeof the Secretary of State at a cost not toexceed actual cost of copy reproduction. The



entire text of the rule is printed here. Thisnote refers only to the incorporated by refer-ence material.

(1) Applicability.(A) Definitions.

1. Baseline area—The continuous areain which the source constructs as well asthose portions of the intrastate area which arenot part of a nonattainment area and whichwould receive an air quality impact equal toor greater than one microgram per cubic

meter (1 µg/m3) annual average (establishedby modeling) for each pollutant for which aninstallation receives a permit under section(8) of this rule and for which increments havebeen established in subsection (11)(A) of thisrule. Each of these areas are references tothe standard United States Geological Survey(USGS) County-Township-Range-Sectionsystem. The smallest unit of area for whicha baseline date will be set is one (1) section(one (1) square mile).

2. Major operation—Any installationwhich has the potential to emit one hundred(100) tons per year or more of criteria pollu-tants, fifty (50) tons per year of volatileorganic compound (VOC) or oxides of nitro-gen in serious nonattainment areas; twenty-five (25) tons per year of VOC or oxides ofnitrogen in severe nonattainment areas; or ten(10) tons per year of VOC or oxides of nitro-gen in extreme nonattainment areas.

3. Definitions for key words or phrasesused in this rule, other than those defined inthis rule section, may be found in 40 CFR52.21(b), promulgated as of July 1, 2003 andhereby incorporated by reference in this rule,as published by the Office of the Federal Reg-ister, U.S. National Archives and Records,700 Pennsylvania Avenue NW, Washington,D.C. 20408. This rule does not incorporateany subsequent amendments or additions.

4. Definitions for key words or phrasesused in this rule, other than those defined inthis rule section or in 40 CFR 52.21(b), maybe found in 10 CSR 10-6.020(2).

(B) Covered Installations/Changes. Thisrule shall apply to installations throughoutMissouri with the potential to emit any pollu-tant in an amount equal to or greater than thede minimis levels. This rule also shall applyto changes at installations which emit lessthan the de minimis levels where the con-struction or modification itself would be sub-ject 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 con-struction or modification of any installation

subject to this rule, begin operation after thatconstruction or modification, or begin opera-tion of any installation which has been shutdown longer than five (5) years without firstobtaining a permit from the permittingauthority under this rule. For sources notsubject to review under sections (7), (8) or(9), construction may be commenced ifauthorized by the director. A request forauthorization must include: a signed waiverof any state liability; a complete list of theactivities to be undertaken; and, the appli-cant’s full acceptance and knowledge of allliability associated with the possibility ofdenial of the permit application. A requestwill not be granted unless an application forpermit approval under this rule has beenfiled. The waiver is not available to sourcesseeking federally enforceable permit restric-tions to avoid review under sections (7)–(9).

(D) Exempt Emissions Units. This ruledoes not apply to the construction or modifi-cation of installations that are exempted orexcluded by 10 CSR 10-6.061 or are permit-ted under rule 10 CSR 10-6.062.

(2) Unified Review. When the construction ormodification and operation of any installationrequires a construction permit under thisrule, and an operating permit or its amend-ment, under 10 CSR 10-6.065, the installa-tion shall receive a unified construction andoperating permit, or its amendment, and aunified review, hearing and approval process,unless the applicant requests in writing thatthe application for a construction and operat-ing permit, or its amendment, be reviewedseparately. Under this unified review process,the applicant shall submit all the applications,forms and other information required by thepermitting authority.

(A) Review of Applications. The permit-ting authority shall complete any unifiedreview within one hundred eighty-four (184)days, as provided under the procedures of thisrule and 10 CSR 10-6.065 Operating PermitsRequired.

(B) Issuance of Permits. As soon as theunified review process is completed, if theapplicant complies with all applicablerequirements under this rule and 10 CSR 10-6.065, the construction permit and the oper-ating permit, or its amendment, shall beissued to the applicant and the applicant maycommence construction. The operating per-mit shall be retained by the permitting author-ity until validated pursuant to this section.

(C) Validation of Operating Permits. With-in one hundred and eighty (180) days aftercommencing operation, the holder of anoperating permit, or its amendment, issuedby the unified review process shall submit to

the permitting authority all informationrequired by the permitting authority todemonstrate compliance with the terms andconditions of the issued operating permit, orits amendment. The permittee shall also pro-vide information identifying any applicablerequirements which became applicable subse-quent to issuance of the operating permit.Within thirty (30) days after the applicant’srequest for validation, the permitting author-ity will take action denying or approving val-idation of the issued operating permit, or itsamendment. If the permittee demonstratescompliance with both the construction andoperating permits, or its amendment, the per-mitting authority shall validate the operatingpermit, or its amendment, and forward it tothe permittee. No part 70 permit will be val-idated unless—

1. At the time of validation, the permit-ting authority certifies that the issued permitcontains all applicable requirements; or

2. The procedures for permit renewal in10 CSR 10-6.065(6)(E)3. have occurred priorto validation to insure the inclusion of anynew applicable requirements to which thepart 70 permit is subject.

(3) Temporary Installations and Pilot PlantsPermits. The permitting authority mayexempt temporary installations and pilotplants having a potential to emit under onehundred (100) tons of each pollutant from anyof the requirements of this rule, provided thatthese exemptions are requested in writingprior to the start of construction. Theseexemptions shall be granted only when theattainment or maintenance of ambient airquality standards is not threatened, whenthere will be no significant impact on anyClass I area, and when the imposition ofrequirements of this rule would be unreason-able.

(4) Portable Equipment Permits. Portableequipment must meet the following criteria:

(A) The potential to emit is less than onehundred (100) tons per year of any air pollu-tant;

(B) The equipment was permitted previ-ously under either section (5), (6), (7) or (8)and the previous permit is still valid;

(C) The equipment is operated and main-tained in a manner identical to that specifiedin the currently valid permit; and

(D) The following conditions must be metwhen permitted portable equipment is to beoperated at a different location:

1. When the owner or operator wishesto operate the portable equipment at a newlocation not previously permitted or at a loca-tion where other sources (either permanent or



portable) are operating, the owner or opera-tor shall submit to the permitting authority aPortable Source Relocation Request, proper-ty boundary plot plan and the equipment lay-out for the site. A relocation request is sub-ject to the fees and the time frames specifiedin this rule, except for the permit filing fee.The relocation request will be approved if itis determined that there will be no significantimpact on any Class I area or an area whereair quality increments have been consumed.The permitting authority shall make the finaldetermination and, if appropriate, approvethe relocation request no later than twenty-one (21) calendar days after receipt of thecomplete Portable Source RelocationRequest;

2. When the owner or operator wishesto relocate the portable equipment to a sitethat is listed on the permit or on the amend-ed permit (provided other sources are notapproved to operate at the same location), theowner or operator shall report the move to thepermitting authority on a Portable SourceRelocation Request for authorization to oper-ate in the new locale as soon as possible, butnot later than seven (7) calendar days prior toground breaking or initial equipment erec-tion. No fees are associated with this autho-rization. Authorization will be presumed ifnotification of denial is not received by thespecified ground breaking or equipment erec-tion date; and

3. The equipment shall be operated ateach new location no more than twenty-four(24) consecutive months without an interven-ing relocation.

(5) De Minimis Permits. (A) Any construction or modification at an

installation subject to this rule which resultsin a net emissions increase below the de min-imis levels shall be exempt from furtherrequirements of this rule if the owner or oper-ator of the source applies for, and the permit-ting authority issues, a de minimis permit forthat installation.

(B) This de minimis permit shall be issuedand in effect only if all of the following con-ditions are met:

1. The permitting authority is notified inwriting of the proposed construction prior tothe commencement of construction;

2. Information is submitted to the per-mitting authority which is sufficient for thepermitting authority to verify the annualemission rate, to verify that no applicableemission control rules will be violated, and toverify that the net emission increase of theinstallation is below the de minimis levels;

3. Net emissions do not increase abovethe de minimis levels at an installation having

a de minimis permit under this section. If netemissions at the installation do increase abovethe de minimis levels, the installation shall bein violation of this rule until it obtains a per-mit under the other applicable requirementsof this rule; and

4. All permit fees are paid. (C) In order to eliminate the necessity for

a large number of de minimis permit applica-tions from a single installation, a special casede minimis permit may be developed forthose batch-type production processes whichfrequently change products and componentsource operations. Operating in violation ofthe conditions of a special case de minimispermit 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 maximumdesign capacity emission rate of no more thanthe hourly de minimis level unless paragraph(5)(D)2. applies. For applications having amaximum design capacity emission rategreater than the hourly de minimis level, apermit will be issued only if an air qualityanalysis demonstrates that the proposed con-struction or modification will not appreciablyaffect air quality or the air quality standardsare not appreciably exceeded.

2. Exceptions. The director may requirean air quality analysis for applications if it islikely that emissions of the proposed con-struction or modification will appreciablyaffect air quality or the air quality standardsare being appreciably exceeded or complaintsfiled in the vicinity of the proposed construc-tion or modification warrant an air qualityanalysis.

(6) General Permit Requirements for Con-struction or Emissions Increase Greater ThanDe Minimis Levels.

(A) A permit shall be issued pursuant tothis section only if it is determined that theproposed source operation or installation willnot—

1. Violate any of the provisions of thisrule;

2. Interfere with the attainment or main-tenance of ambient air quality standards;

3. Cause or contribute to ambient airconcentrations in excess of any applicablemaximum allowable increase listed in subsec-tion (11)(A), Table 1 over the baseline con-centration in any attainment or unclassifiedarea;

4. Violate any applicable requirementsor the Air Conservation Law; and

5. Cause an adverse impact on visibilityin any Class I area (those designated in para-graph (12)(I)3. of this rule).

(B) In order for the permitting authority tomake this determination, each applicantshall—

1. Complete and submit applicationforms supplied by the permitting authority.These forms shall consist of an Applicationfor Authority to Construct and an EmissionsInformation for Construction Permit Applica-tion. Both forms shall be completed so thatall information necessary for processing thepermit is supplied;

2. Send to the permitting authority aspart of the application: site information;plans; descriptions; specifications; and draw-ings showing the design of the installation,the nature and amount of emissions of eachpollutant, and the manner in which it will beoperated and controlled;

3. Supply ambient air quality modelingdata for the pollutant to determine the airquality impact of the installation on the appli-cations with the potential to emit fifty (50)tons or more of particulate matter or sulfurdioxide. The modeling techniques to be usedare as specified in the Environmental Protec-tion Agency’s (EPA) Guidelines on Air Qual-ity Models (revised July 1986) (EPA 450/2-78-027R) and supplement A (July 1987) oranother model which the permitting authoritydeems accurate. Temporary installations andportable equipment shall be exempt from thisrequirement provided that the source shallapply best available control technology(BACT) for each pollutant emitted in a signif-icant amount;

4. Furnish any additional information,plans, specifications, evidence, documenta-tion, modeling or monitoring data that thepermitting authority may require to completereview under this rule; and

5. Submit fees for the filing and pro-cessing of their permit application. Theamount of the fee will be determined fromsection (10) of this rule.

(C) The review of each permit applicationwill follow the procedures of subsection(12)(A) Appendix A and, when applicable,subsection (12)(B), Appendix B.

(D) Special Considerations for StackHeights and Dispersion Techniques.

1. The degree of emission limitationrequired for control of any air pollutant underthis rule shall not be affected in any mannerby—

A. So much of the stack height of anyinstallation as exceeds good engineering prac-tice (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 construc-tion commenced on or before December 31,



1970, or to dispersion techniques implement-ed on or before December 31, 1970.

3. Before the permitting authority issuesa permit under this rule based on stackheights that exceed GEP, the permittingauthority must notify the public of the avail-ability of the demonstration study and mustprovide opportunity for a public hearing onit.

4. This paragraph does not require thatactual stack height or the use of any disper-sion 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 per-mitting authority written notification as fol-lows:

A. A notification of the anticipateddate of initial start-up of the source operationor installation not more than sixty (60) daysor less than thirty (30) days prior to that date;and

B. A notification of the actual date ofinitial start-up of a source operation or instal-lation within fifteen (15) days after that date;

2. A permit may be revoked if construc-tion or modification work is not begun with-in two (2) years from the date of issuance orif work is suspended for one (1) year, and if—

A. The delay was reasonably foresee-able by the owner or operator at the time thepermit was issued;

B. The delay was not due to an act ofGod or other conditions beyond the control ofthe owner or operator; or

C. Failure to revoke the permit wouldbe unfair to other potential applicants;

3. Any owner or operator who con-structs, modifies or operates an installationnot in accordance with the application sub-mitted and the permit issued, including anyterms and conditions made a part of the per-mit, or any owner or operator of an installa-tion who commences construction or modifi-cation after May 13, 1982, without meetingthe requirements of this rule, is in violation ofthis rule;

4. Approval to construct shall not relieveany owner or operator of the responsibility tocomply fully with applicable provisions of theAir Conservation Law and rules or any otherrequirements under local, state or federallaw; and

5. The permitting authority may requiremonitoring of visibility in any Class I area(those designated in paragraph (12)(I)3. ofthis rule) near the new installation or majormodification for these purposes and by suchmeans as the permitting authority deems nec-essary and appropriate.

(7) Nonattainment Area Permits.

(A) Solely for the purpose of determiningapplicability with section (7) of this rule,fugitive emissions shall be considered whencalculating potential to emit for constructionand modification only for installationsbelonging to one of the source categories list-ed in 10 CSR 10-6.020(3)(B), Table 2.

(B) A permit shall not be issued for theconstruction of a major operation for thenonattainment pollutants, or for a major mod-ification for the nonattainment pollutant of anexisting major operation, unless the followingrequirements, in addition to section (6) aremet:

1. By the time the source is to com-mence operation, sufficient emissions offsetsshall be obtained as required to ensure rea-sonable further progress toward attainment ofthe applicable national ambient air qualitystandard and consistent with the requirementsof Section 173(a)(1)(A) of the Clean Air Act;

2. In the case of a new or modifiedinstallation which is located in a zone (with-in the nonattainment area) identified by theadministrator, in consultation with the Secre-tary of Housing and Urban Develop-ment, asa zone to which economic developmentshould be targeted, emissions of that pollu-tant resulting from the proposed new or mod-ified installation will not cause or contributeto emissions levels which exceed theallowance permitted for that pollutant for thatzone from new or modified installations;

3. Offsets have been obtained in accor-dance with the offset and banking proceduresin 10 CSR 10-6.410;

4. The administrator has not determinedthat the state implementation plan is notbeing adequately implemented for the nonat-tainment area in which the proposed source isto be constructed or modified;

5. Temporary installation and portablesources shall be exempt from this subsectionprovided that the source applies BACT foreach pollutant emitted in a significantamount;

6. The applicant must provide documen-tation establishing that all installations inMissouri which are owned or operated by theapplicant (or by any entity controlling, con-trolled by or under common control with theapplicant) are subject to emission limitationsand are in compliance, or are on a schedulefor compliance, with all applicable require-ments;

7. The applicant shall document that theprovisions in its application for the installa-tion and operation of pollution control equip-ment or processes will meet the lowestachievable emission rate (LAER) for thenonattainment pollutant. Temporary installa-tions and portable equipment shall be exempt

from LAER, provided the installation applies

BACT for each pollutant emitted in a signifi-

cant amount;

8. For phased construction projects, the

determination of LAER shall be reviewed and

modified as appropriate at the latest reason-

able time prior to commencement of con-

struction of each independent phase of con-

struction;

9. The applicant must provide an alter-

nate site analysis; and

10. The applicant shall provide an analy-

sis 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) 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.

(D) NOx Requirements. For the purpose of

section (7), any significant increase due to the

levels of emission of oxides of nitrogen, shall

be considered significant for ozone. Any

installation with the potential to emit one

hundred (100) tons per year of oxides of

nitrogen located within an area which is

nonattainment for ozone, must comply with

the specific permit requirements of the nonat-

tainment provisions of section (7) and with

section (8) for any significant increase due to

the levels of emission of oxides of nitrogen.

(8) Attainment and Unclassified Area Per-

mits.

(A) All of the subsections of 40 CFR 52.21

other than (a) Plan disapproval, (q) Public

participation, (s) Environmental impact state-

ments and (u) Delegation of authority are

incorporated by reference. 40 CFR 52.21 as

used in this rule refers to 40 CFR 52.21 pro-

mulgated as of July 1, 2003 as published by

the Office of the Federal Register, U.S.

National Archives and Records, 700 Pennsyl-

vania Avenue NW, Washington, D.C. 20408.

This rule does not incorporate any subse-

quent amendments or additions.

(B) Administrator as it appears in 40 CFR

52.21 shall refer to the director of the Mis-

souri Department of Natural Resources’ Air

Pollution Control Program except in the fol-

lowing, where it shall continue to refer to the

administrator of the U.S. Environmental Pro-

tection Agency:

1. (b)(17) Federally enforceable;

2. (b)(37)(i) Repowering;



3. (b)(43) Prevention of SignificantDeterioration (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 redesigna-

tions.(C) All permit applications subject to sec-

tion (8) of this rule are subject to the publicparticipation requirements in subsection(12)(B) of this rule.

(D) Clean unit designations are subject tothe public participation requirements of para-graph (12)(B)3. of this rule.

(E) The director of the Missouri Depart-ment of Natural Resources’ Air PollutionControl Program shall transmit to the admin-istrator of the U.S. Environmental ProtectionAgency a copy of each permit applicationfiled under section (8) of this rule and shallnotify the administrator of each significantaction taken on the application.

(F) Applicants must obtain emission reduc-tions, obtained through binding agreementprior to commencing operations and subjectto 10 CSR 10-6.410, equal to and of a com-parable air quality impact to the new orincreased emissions in the following circum-stances when the:

1. Area has no increment available; or2. Proposal will consume more incre-

ment than is available.

(9) Hazardous Air Pollutant Permits. Therequirements of this section apply to anyowner or operator of a major source identi-fied in subsection (9)(B) of this rule unlessthe major source in question has been specif-ically regulated or exempted from regulationunder a standard issued pursuant to section112(d), section 112(h) or section 112(j) of theClean Air Act and incorporated in anothersubpart of part 63 of the Code of Federal Reg-ulations (CFR), or the owner or operator ofsuch a major source has received all neces-sary air quality permits for construction orreconstruction before the effective date of thissection.

(A) Definitions. As used in section (9)—1. Construct a major source means—

A. To fabricate, erect, or install at anygreenfield site a stationary source or group ofstationary sources which is located within acontiguous area and under common controland which emits or has the potential to emitten (10) tons per year of any hazardous airpollutant (HAP) or twenty-five (25) tons peryear of any combination of HAPs; or

B. To fabricate, erect, or install at anydeveloped site a new process or production

unit which in and of itself emits or has thepotential to emit ten (10) tons per year of anyHAP or twenty-five (25) tons per year of anycombination of HAPs;

2. Greenfield site means a contiguousarea under common control that is an unde-veloped site;

3. Process or production unit means anycollection of structures and/or equipment,that processes, assembles, applies, or other-wise uses material inputs to produce or storean intermediate or final product. A singlefacility may contain more than one (1)process or production unit;

4. Reconstruct a major source means thereplacement of components at an existingprocess or production unit that in and of itselfemits 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 HAP,whenever:

A. The fixed capital cost of the newcomponents exceeds fifty percent (50%) ofthe fixed capital cost that would be requiredto construct a comparable process or produc-tion unit; and

B. It is technically and economicallyfeasible for the reconstructed major source tomeet the applicable maximum achievablecontrol technology emission limitation fornew sources established under this section;

5. Research and development activitiesmeans activities conducted at a research orlaboratory facility whose primary purpose isto conduct research and development intonew processes and products, where suchsource is operated under the close supervi-sion of technically trained personnel and isnot engaged in the manufacture of productsfor sale or exchange for commercial profit,except in a de minimis manner;

6. Similar source means a stationarysource or process that has comparable emis-sions and is structurally similar in design andcapacity to a constructed or reconstructedmajor source such that the source could becontrolled using the same control technology;and

7. Other definitions contained in 40CFR parts 63.40 through 63.44, to the extentthey are different from the definitions foundin 10 CSR 10-6.020, supersede the defini-tions found in 10 CSR 10-6.020 and are onlyapplicable to this section (9).

(B) Applicability. No person may con-struct or reconstruct a major source unlessthey submit an application and receiveapproval from the permitting authorityaccording to the procedures of paragraph(9)(D)2. and (9)(D)3.; or unless all of the fol-lowing are satisfied:

1. All HAPs emitted by the process orproduction unit that would otherwise be con-trolled under the requirements of this sectionwill be controlled by emission control equip-ment which was previously installed at thesame site as the process or production unit;

2. The permitting authority—A. Has determined within a period of

five (5) years prior to the fabrication, erec-tion, or installation of the process or produc-tion unit that the existing emission controlequipment represented best available controltechnology (BACT), lowest achievable emis-sion rate (LAER) under 40 CFR part 51 or52, toxic-best available control technology(T-BACT), or maximum achievable controltechnology (MACT) based on state air toxicrules for the category of pollutants whichincludes those HAPs to be emitted by theprocess or production unit; or

B. Determines that the control ofHAP emissions provided by the existingequipment will be equivalent to that level ofcontrol currently achieved by other well-con-trolled similar sources (i.e., equivalent to thelevel of control that would be provided by acurrent BACT, LAER, T-BACT, or state airtoxic rule MACT determination);

3. The permitting authority determinesthat the percent control efficiency for emis-sions of HAP from all sources to be con-trolled by the existing control equipment willbe equivalent to the percent control efficien-cy provided by the control equipment prior tothe inclusion of the new process or produc-tion unit;

4. The permitting authority has providednotice and an opportunity for public commentconcerning its determination that criteria inparagraphs (9)(B)1., 2., and 3. of this ruleapply and concerning the continued adequacyof any prior LAER, BACT, T-BACT, or stateair toxic rule MACT determination;

5. If any commenter has asserted that aprior LAER, BACT, T-BACT, or state airtoxic rule MACT determination is no longeradequate, the permitting authority has deter-mined that the level of control required bythat prior determination remains adequate;

6. The requirements of section (6) aremet; and

7. Any emission limitations, work prac-tice requirements, or other terms and condi-tions upon which the above determinations bythe permitting authority are predicated willbe construed by the permitting authority asapplicable requirements under section 504(a)of the Clean Air Act and either have beenincorporated into any existing Part 70 permitfor the affected facility or will be incorporat-ed into such permit upon issuance.

CODE OF STATE REGULATIONS 25MATT BLUNT (11/30/04)Secretary of State


(C) Exemptions. The requirements of sec-tion (9) of this rule do not apply to—

1. Electric utility steam generating unitsunless they are listed on the source categorylist established in accordance with section112(c) of the Clean Air Act; or

2. Research and development activities.(D) MACT Review and Determinations.

1. General principles.A. The MACT emission limitation or

MACT requirements recommended by theapplicant and approved by the permittingauthority shall not be less stringent than theemission control which is achieved in prac-tice by the best controlled similar source, asdetermined by the permitting authority.

B. Based upon available information,the MACT emission limitation and controltechnology recommended by the applicantand approved by the permitting authorityshall achieve the maximum degree of reduc-tion in emissions of HAPs which can beachieved by utilizing those control technolo-gies that can be identified from the availableinformation, taking into consideration thecosts of achieving such emission reductionand any non-air quality health and environ-mental impacts and energy requirementsassociated with the emission reduction.

C. The applicant may recommend aspecific design, equipment, work practice, oroperational standard, or a combination there-of, and the permitting authority may approvesuch a standard if the permitting authorityspecifically determines that it is not feasibleto prescribe or enforce an emission limitationunder the criteria set forth in section112(h)(2) of the Clean Air Act.

D. The applicant has met the require-ments of section (6).

2. Application requirements for a case-by-case MACT determination.

A. An application for a MACT deter-mination shall specify a control technologyselected by the owner or operator that, ifproperly operated and maintained, will meetthe MACT emission limitation or standard asdetermined according to the principles setforth in paragraph (9)(D)1.

B. Where additional control technolo-gy or a change in control technology isrequired, the application for a MACT deter-mination shall contain the following informa-tion:

(I) Emissions Information for Con-struction Permit Application;

(II) Standard application form andinformation as described in paragraph(12)(A)4.;

(III) The anticipated date of start-up;

(IV) The estimated emission ratefor each such HAP, to the extent this infor-mation is needed by the permitting authorityto determine MACT;

(V) Any applicable federallyenforceable emission limitations;

(VI) The maximum and expectedutilization of capacity and the associateduncontrolled emission rates for that source, tothe extent this information is needed by thepermitting authority to determine MACT;

(VII) The controlled emissions intons/year at expected and maximum utiliza-tion of capacity, to the extent this informationis needed by the permitting authority to deter-mine MACT;

(VIII) A recommended emissionlimitation consistent with the principles setforth in paragraph (9)(D)1.;

(IX) The selected control technolo-gy to meet the recommended MACT emis-sion limitation, including technical informa-tion on the design, operation, size, estimatedcontrol efficiency of the control technology(and the manufacturer’s name, address, tele-phone number, and relevant specificationsand drawings, if requested by the permittingauthority);

(X) Supporting documentationincluding identification of alternative controltechnologies considered by the applicant tomeet the emission limitation, and analysis ofcost and non-air quality health environmentalimpacts or energy requirements for theselected control technology; and

(XI) Any other relevant informationrequired to be submitted by the permittingauthority deemed necessary to determineMACT.

C. Where the owner or operator con-tends that source will be in compliance, uponstart-up, with case-by-case MACT without achange in control technology, the applicationfor a MACT determination shall contain thefollowing information:

(I) The information described inparts (9)(D)2.B.(II) through (9)(D)2.B.(XI)to determine MACT; and

(II) Documentation of the controltechnology in place.

3. Administrative procedures for reviewof the MACT application.

A. The permitting authority will noti-fy the owner or operator in writing, withinthirty (30) days from the date the applicationis first received, as to whether the applicationfor a MACT determination is complete orwhether additional information is required.

B. The permitting authority will ini-tially approve the recommended MACT emis-sion limitation and other terms set forth in theapplication, or the permitting authority will

notify the owner or operator in writing of itsintent to disapprove the application, withinthirty (30) calendar days after the owner oroperator is notified in writing that the appli-cation is complete.

C. Notice of disapproval.(I) The owner or operator may pre-

sent, in writing, within sixty (60) calendardays after receipt of notice of the permittingauthority’s intent to disapprove the applica-tion, additional information or argumentspertaining to, or amendments to, the applica-tion for consideration by the permittingauthority before it decides whether to finallydisapprove the application.

(II) The permitting authority willeither initially approve or issue a final disap-proval of the application within ninety (90)days after it notifies the owner or operator ofan intent to disapprove or within thirty (30)days after the date additional information isreceived from the owner or operator,whichever is earlier.

(III) A final determination by thepermitting authority to disapprove any appli-cation will be in writing and will specify thegrounds on which the disapproval is based. Ifany application is finally disapproved, theowner or operator may submit a subsequentapplication, provided that the subsequentapplication has been amended in response tothe stated grounds for the prior disapproval.

D. Incorporation of the MACT deter-mination into a construction permit.

(I) When an application for aMACT determination is approved pursuant tosection (9), the construction permit issuedpursuant to this rule shall contain a MACTemission limitation (or a MACT work prac-tice standard if the permitting authority deter-mines it is not feasible to prescribe or enforcean emission standard) to control the emis-sions of HAP.

(II) Such construction permit willspecify any notification, operation and main-tenance, performance testing, monitoring,reporting and record keeping requirements.Such construction permit shall include:

(a) In addition to the MACTemission limitation additional emission lim-its, production limits, operational limits orother terms and conditions necessary toensure enforceability of the MACT emissionlimitation;

(b) Compliance certifications,testing, monitoring, reporting and recordkeeping requirements that are consistent withthe requirements of 10 CSR 10-6.065;

(c) In accordance with section114(a)(3) of the Clean Air Act, monitoringshall be capable of demonstrating continuouscompliance during the applicable reporting

26 CODE OF STATE REGULATIONS (11/30/04) MATT BLUNTSecretary of State


period. Such monitoring data shall be of suf-ficient quality to be used as a basis forenforcing all applicable requirements includ-ing emission limitations; and

(d) A statement requiring theowner or operator to comply with all applic-able requirements.

(III) Approval shall expire if con-struction or reconstruction has not com-menced within eighteen (18) months ofissuance, unless the permitting authority hasgranted an extension. However, in no casewill approval extend beyond thirty (30)months from the date of issuance if construc-tion or reconstruction have not commenced.

E. Opportunity for public commenton the construction permit shall follow theprocedure found in subsection (12)(B)Appendix B, Public Participation.

F. EPA notification. The permittingauthority shall send a copy of the final con-struction permit or other notice of approvalissued to the administrator through the appro-priate regional office, and to all other stateand local air pollution control agencies hav-ing jurisdiction in affected states;

G. Compliance date. On and after thedate of start-up, a constructed or reconstruct-ed major source which is subject to theserequirements shall be in compliance with allapplicable requirements specified in theMACT determination.

(E) Requirements for constructed or recon-structed major sources subject to a subse-quently promulgated standard or MACTrequirement.

1. If an emission standard is promulgat-ed under section 112(d) or section 112(h) ofthe Clean Air Act or the state issues a deter-mination under section 112(j) of the CleanAir Act that is applicable to a stationarysource or group of sources which would bedeemed to be a constructed or reconstructedmajor source under section (9) before thedate that the owner or operator has obtaineda final and legally effective MACT determi-nation under any of the review options avail-able in this rule, the owner or operator of thesource(s) shall comply with the promulgatedstandard or determination rather than anyMACT determination under section (9) by thestate, and the owner or operator shall complywith the promulgated standard by the compli-ance date in the promulgated standard.

2. If an emission standard is promulgat-ed under section 112(d) or section 112(h) ofthe Clean Air Act or the state issues a deter-mination under section 112(j) of the CleanAir Act that is applicable to a stationarysource or group of sources which would bedeemed to be a constructed or reconstructedmajor source under section (9) and has been

subject to a prior case-by-case MACT deter-mination pursuant to section (9), and theowner or operator obtained a final and legal-ly effective case-by-case MACT determina-tion prior to the promulgated date of suchemission standard, then the state shall (if theinitial part 70 permit has not yet been issued)issue an initial operating permit which incor-porates the emission standard or determina-tion, or shall (if the initial part 70 permit hasbeen issued) revise the operating permitaccording to the reopening procedures in 40CFR part 70 or part 71, whichever is rele-vant, to incorporate the emission standard ordetermination.

A. The EPA may include in the emis-sion standard established under section112(d) or section 112(h) of the Clean Air Acta specific compliance date for those sourceswhich have obtained a final and legally effec-tive MACT determination under section (9)and which have submitted the informationrequired by section (9) to the EPA before theclose of the public comment period for thestandard established under section 112(d) ofthe Clean Air Act. Such date shall assurethat the owner or operator shall comply withthe promulgated standard as expeditiously aspracticable, but no longer than eight (8) yearsafter such standard is promulgated. In thatvent, the state shall incorporate the applicablecompliance date in the part 70 operating per-mit.

B. If no compliance date has beenestablished in the promulgated 112(d) or112(h) standard or section 112(j) determina-tion, for those sources which have obtained afinal and legally effective MACT determina-tion under section (9), then the permittingauthority shall establish a compliance date inthe permit that assures that the owner oroperator shall comply with the promulgatedstandard or determination as expeditiously aspracticable, but not longer than eight (8)years after such standard is promulgated or asection 112(j) determination is made.

3. Notwithstanding the requirements ofparagraphs (9)(E)1. and 2., if an emissionstandard is promulgated under section 112(d)or section 112(h) of the Clean Air Act or thestate issues a determination under section112(j) of the Clean Air Act that is applicableto a stationary source or group of sourceswhich was deemed to be a constructed orreconstructed major source under section (9)and which is the subject of a prior case-by-case MACT determination pursuant to sec-tion (9), and the level of control required bythe emission standard issued under section112(d) or section 112(h) or the determinationissued under section 112(j) is less stringentthan the level of control required by any emis-

sion limitation or standard in the prior MACTdetermination, the state is not required toincorporate any less stringent terms of thepromulgated standard in the part 70 operatingpermit applicable to such source(s) and mayin its discretion consider any more stringentprovisions of the prior MACT determinationto be applicable legal requirements whenissuing or revising such operating permit.

(10) Permit Amendments and Fees. (A) Permit Fees.

1. All installations or source operationsrequiring permits under this rule shall makeapplication to the permitting authority andsubmit the application with a permit filing feeof one hundred dollars ($100). Failure to sub-mit the permit filing fee constitutes an incom-plete permit application according to para-graph (12)(A)2. of this rule.

2. Upon the determination that a com-plete application for a permit or a permitamendment has been received, a fee for per-mit 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 toreview under paragraph (4)(D)1. of this rule,a fee of two hundred dollars ($200) shall besubmitted by the applicant.

3. The applicant shall submit fees forthe processing of the permit application with-in ninety (90) calendar days of the finalreview determination, whether the permit isapproved, denied, withdrawn or not needed.After the ninety (90) calendar days, theunpaid processing fees shall have interestimposed upon the unpaid amount at the rateof ten percent (10%) per annum from the dateof billing until payment is made. Failure tosubmit the processing fees after the ninety(90) calendar days will result in the permitbeing denied (revoked for portable installa-tion location amendments) and the rejectionof any future permit applications by the sameapplicant until the processing fee plus interesthave been paid.

4. In addition to permit filing and pro-cessing fees, the applicant shall pay for anypublication of notice required and shall payfor the original and one (1) copy of the tran-script, to be filed with the permitting author-ity, of any hearing required under this rule.No permit shall be issued until all publicationand transcript costs have been paid.

5. Partially processed permits that arewithdrawn after submittal shall be charged atthe same processing fee rate in paragraph(10)(A)2. for the time spent processing theapplication.

6. The commission may reduce the per-mit processing fee or exempt any person from



payment of the fee upon an appeal filed withthe commission stating and documenting thatthe fee will create an unreasonable economichardship upon the person.

7. Any person who obtains a valid per-mit from a city or county holding a certificateof authority granted by the commission undersection 643.140, RSMo shall be deemed tohave met the fee requirements of this sectionfor that permit.

(B) Amending a Final Permit. 1. No changes in the proposed installa-

tion or modification may be made whichwould change any information in a finalizedpermit, except in accordance with this sub-section.

2. If the applicant desires to make thechange, the applicant shall submit in writinga request to the permitting authority that thepermit be amended.

3. If the requested change will result inincreased emissions, air quality impact orincrement consumption, and is submittedafter the final notice of permit processing feedue, a new permit application is required forthe requested change. The new application, tothe maximum extent possible, should refer-ence those portions of the original applicationthat are unchanged. This new submittal willbe subject to all requirements of this rule.The accrued permit processing fee from theoriginal application must be submitted to thepermitting authority before the new permitapplication can be accepted.

4. If the requested change will not resultin increased emissions, air quality impact, orincrement consumption, the original permitapplication shall be amended and the permitshall be modified pursuant to the amendedapplication within thirty (30) calendar days ofreceipt of the written request. The fee for thistype of change will be subject to the require-ments of subsection (10)(A), except para-graph (10)(A)1., of this rule.

(11) Tables. (A) Table—1 Ambient Air Increment

Table.

Maximum

Allowable

Pollutant Increase

Class I Areas Particulate Matter 10 Micron

Annual arithmetic mean 424-hour maximum 8

Sulfur Dioxide:Annual arithmetic mean 224-hour maximum 53-hour maximum 25

Nitrogen Dioxide:Annual arithmetic mean 2.5

Class II AreasParticulate Matter 10 Micron


Sulfur dioxide:Annual arithmetic mean 2024-hour maximum 913-hour maximum 512

Nitrogen Dioxide:Annual arithmetic mean 25

Class III AreasParticulate Matter 10 Micron


Sulfur dioxide:Annual arithmetic mean 4024-hour maximum 1823-hour maximum 700


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 Mis-

souri–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—De Minimis Ambient AirQuality Impacts.

Pollutant Air Quality Impact Carbon monoxide 575, 8-hour averageNitrogen dioxide 14, annualParticulate matter—

10 micron (PM10) 10, 24-hourSulfur dioxide 13, 24-hourOzone *Lead .1, 3-monthMercury 0.25, 24-hourBeryllium .001, 24-hourFluorides 0.25, 24-hourVinyl chloride 15, 24-hourTotal reduced sulfur 10, 1-hourHydrogen sulfide 0.2, 1-hourReduced sulfur compounds 10, 1-hour

Note: All impacts in micrograms per cubic

meter.

*No de minimis air quality level is provided

for ozone. However, any potential net

increase of 100 tons per year, or more, of

volatile organic compounds subject to sec-

tion (8) would require an ambient impact

analysis, including the gathering of ambient

air quality data.

(C) Table 3—Missouri Guidelines for ValidData Total Suspended Particulate.

Minimum RequirementTime Period for ValidityMonth 2, 24-hour samplesQuarter 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 Validity3-hour running 3 consecutive hourly average observations

8-hour running 6 hourly observations average

24-hour average 18 hourly observations (daily)

Monthly 21 daily averages Quarterly1 3 consecutive monthly

averages Yearly2 11 monthly averages

1Quarter is defined as calendar quarter.2Year is defined as four (4) consecutive cal-endar quarters.

(D) Table 4—Levels of Significant AirQuality Impact for Areas Not Meeting 10CSR 10-6.010.

Averaging Time

(Hours)

Pollutant Annual 24 8 3 1

SO2 1.0 5 25

PM10 1.0 5

NO2 1.0

CO .5 2

Note: All impacts in micrograms per cubicmeter, except for CO in milligrams per cubicmeter.

(12) Appendices. (A) Appendix A, Permit Review Pro-

cedures. 1. Preapplication meeting. Prior to sub-

mittal of a complete permit application, theapplicant may request a preapplication meet-ing with the permitting authority to discussthe nature of and apparent requirements forthe forthcoming permit application. Thismeeting shall not fall under the permit feerequirements.

2. Complete application. A. The permitting authority shall

review each application for completeness andshall inform the applicant within thirty (30)days if the application is not complete. Inorder to be complete, an application mustinclude a completed application form and, tothe extent not called for by the form, theinformation required in paragraph (12)(A)4.

B. If the permitting authority does notnotify the installation that its application is



not complete within thirty (30) days of receiptof the application, the application shall bedeemed complete. However, nothing in thissubsection shall prevent the permittingauthority from requesting additional informa-tion that is reasonably necessary to processthe application.

(I) The permitting authority shallmaintain a checklist to be used for the com-pleteness determination. A copy of the check-list identifying the application’s deficienciesshall be provided to the applicant along withthe notice of incompleteness.

(II) If, while processing an applica-tion that has been determined or deemed tobe complete, the permitting authority deter-mines that additional information is neces-sary to evaluate or to take final action on thatapplication, the permitting authority mayrequest this additional information in writing.In requesting this information, the permittingauthority shall establish a reasonable deadlinefor a response. The review period will beextended by the amount of time necessary tocollect the required information.

(III) In submitting an applicationfor amendment of a construction permit, theapplicant may incorporate by reference thoseportions of the existing permit (and the per-mit application and any permit amendment)that describe products, processes, operationsand emissions. The applicant must identifyspecifically and list which portions of the pre-vious permit, applications, or both, are incor-porated by reference. In addition, a permitamendment application must contain—

(a) Information specified in para-graph (12)(A)4. for those products, process-es, operations and emissions—

I. That are not addressed inthe previous permit or application;

II. That are subject to applic-able requirements that are not addressed inthe previous permit or application; or

III. For which the applicantseeks permit terms and conditions that differfrom those in the previous permit or applica-tion.

C. Confidential information. An ap-plicant may submit information to the permit-ting authority under a claim of confidentiali-ty pursuant to 10 CSR 10-6.210.

D. Filing fee. Each application mustbe accompanied by a one hundred dollar($100) filing fee.

3. Duty to supplement or correct appli-cation. Any applicant who fails to submit anyrelevant facts or who has submitted incorrectinformation in a permit application, uponbecoming aware of the failure or incorrectsubmittal, shall promptly submit supplemen-tary facts or corrected information. In addi-

tion, an applicant shall provide additionalinformation, as necessary, to address anyrequirements that become applicable to theinstallation after the date an application isdeemed complete, but prior to the issuance ofthe construction permit.

4. Standard application form andrequired information. The director will pro-vide a standard application package for appli-cant’s use. An applicant shall submit anapplication package consisting of the standardapplication form and Emissions Informationfor Construction Permit Application. Afterthe effective date of this rule, any revision tothe department-suppled forms will be pre-sented to the regulated community for aforty-five (45)-day comment period. Theapplication package must include all informa-tion needed to determine applicable require-ments. The application must include informa-tion needed to determine the applicability ofany applicable requirement. The applicantshall submit the information called for by theapplication form for each emissions unit atthe installation to be permitted. The standardapplication form (and any attachments) shallrequire that the following information be pro-vided:

A. Identifying information. The ap-plicant’s company name and address (or plantname and address if different from the com-pany name), the owner’s name and state reg-istered agent, and the telephone number andname of the plant site manager or other con-tact person;

B. Processes and products. A descrip-tion of the installation’s processes and prod-ucts (by two (2)-digit Standard IndustrialClassification Code);

C. Emissions-related information.The following emissions-related informationon the emission inventory forms:

(I) All emissions of regulated airpollutants. The permit application shalldescribe all emissions of regulated air pollu-tants emitted from each emissions unit,except as provided for by this section. Theinstallation shall submit additional informa-tion related to the emissions of air pollutantssufficient to verify which requirements areapplicable;

(II) Identification and descriptionof all emissions units whose emissions areincluded in part (12)(A)4.C.(I), in sufficientdetail to establish the applicability of allrequirements;

(III) Emissions rates, or informa-tion that enables the permitting authority todetermine such rates, in tons per year and insuch terms as are necessary to establish com-pliance consistent with the applicable stan-dard reference test method, if any;

(IV) Information to the extent need-ed to determine or regulate emissions: fuels,fuel use, raw materials, production rates andoperating schedules;

(V) Identification and descriptionof air pollution control equipment;

(VI) Identification and descriptionof compliance monitoring devices or activi-ties;

(VII) Limitations on installationoperations affecting emissions or any workpractice standards, where applicable, for allregulated air pollutants;

(VIII) Other information requiredby any applicable requirement (includinginformation related to stack height limitationsdeveloped pursuant to section 123 of theAct); and

(IX) Calculations on which theinformation in items (12)(A)4.C.(I)–(VIII) isbased;

D. Other specific information re-quired under the permitting authority’s ruleto implement and enforce other applicablerequirements of the Act or of these rules, orto determine the applicability of theserequirements.

5. Certification by responsible official.Any application form or report submittedpursuant to this rule shall contain certifica-tion by a responsible official of truth, accura-cy and completeness. This certification, andany other certification, shall be signed by aresponsible official and shall contain the fol-lowing language: “I certify, based on infor-mation and belief formed after reasonableinquiry, the statements and information in thedocument are true, accurate, and complete.”

6. Receipt of the complete application.Upon receipt of a complete permit applica-tion, the permitting authority shall proceedwith processing of the application.

7. Notification of processing fees. Thepermitting authority, as timely as possible,will notify the applicant in writing if the per-mit processing fee approaches one thousanddollars ($1000) and in one thousand-dollar($1000) increments after that.

8. Public participation. For all applica-tions for sources that emit five (5) or moretons of lead per year, or that contain goodengineering practice stack height demonstra-tions, or that are subject to section (7) or (8)of this rule, the permitting authority shall fol-low the procedures for public participation asspecified in section (12), Appendix (B).

9. Final completeness determination.Final determination will be made on the fol-lowing schedules:

A. The permitting authority willmake final determinations for complete per-mit applications processed under section (7),



(8) or (9) of this rule no later than one hun-dred and eighty-four (184) calendar days afterreceipt of a complete application, taking intoaccount any additional time necessary formissing information;

B. The permitting authority will makefinal determination for complete permitapplications 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 addition-al time necessary for missing information;and

C. If the permitting authority exceedsthe time for review described in subpara-graphs (12)(A)9.A. or B. of this rule, theapplicant shall not be required to pay the pro-cessing fee associated with the application.

10. Conditions required by permittingauthority. The permitting authority mayimpose those conditions in a permit as maybe necessary to accomplish the purposes ofthis rule, any applicable requirements, or theAir Conservation Law, Chapter 643, RSMo,and are no less stringent than any applicablerequirements. Nothing in this rule shall bedeemed to limit the power of the permittingauthority in this regard. The following condi-tion examples are solely for the purposes ofillustration, and do not limit the generality ofthe 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 facili-

ties; E. Operating or work practice con-

straints to limit the maximum level of emis-sions;

F. Emission control device efficiencyspecifications to limit the maximum level ofemissions;

G. Maximum level of emissions; H. Emission testing after commenc-

ing operations, to be conducted by the owneror operator, as necessary to demonstratecompliance with applicable requirements orother permit conditions;

I. Data reporting; and J. Post-construction ambient monitor-

ing and reporting. 11. Drafts for public comment. Follow-

ing review of an application, the permittingauthority shall issue a draft permit for publiccomment, in accordance with subsection(12)(B) of this rule. The draft shall be accom-panied by a statement setting forth the legaland factual basis for the draft permit condi-tions (including references to applicablestatutory or regulatory provisions). The per-

mitting authority shall send this statement tothe administrator, to affected states and to theapplicant, and shall place a copy in the pub-lic file.

12. Additional procedures needed forunified reviews of section (6), (7), (8) or (9)unified reviews construction permit applica-tions and part 70 operating permit applica-tions.

A. Permit review by the administratorand affected states.

(I) Administrator review. (a) Copies of applications, pro-

posals and final actions. The applicant willprovide two (2) copies of the informationincluded in an application. The permittingauthority will forward to the administratorone (1) copy of each permit application andeach final operating permit.

(b) Administrator’s objection.No permit shall be issued under this rule ifthe administrator objects to its issuance inwriting within forty-five (45) days afterreceipt of the proposed permit and all neces-sary supporting information.

(c) Failure to respond to objec-tion. If the permitting authority does notrespond to an objection of the administratorby transmitting a revised proposed permitwithin ninety (90) days after receipt of thatobjection, the administrator may issue ordeny the permit in accordance with the Act.

(d) Public petitions for objec-tion. If the administrator does not object to aproposed permit action, any person may peti-tion the administrator to make such an objec-tion within sixty (60) days after expiration ofthe administrator’s forty-five (45)-day reviewperiod.

I. This petition may only bebased on objections raised during the publicreview process, unless the petitioner demon-strates that it was impracticable to raiseobjection during the public review period(including when the grounds for objectionarose after that period).

II. If the administrator re-sponds to a petition filed under this section byissuing an objection, the permitting authoritywill not issue the permit until the objectionhas been resolved. If the permit was issuedafter the administrator’s forty-five (45)-dayreview period, and prior to any objection bythe administrator, the permitting authorityshall treat that objection as if the administra-tor were reopening the permit for cause. Inthese circumstances, the petition to theadministrator does not stay the effectivenessof the issued permit, and the permittee shallnot be in violation of the requirement to havesubmitted a complete and timely permitapplication.

(II) Affected state review. (a) Notice of draft actions. The

permitting authority will give notice of eachdraft permit to any affected state on or beforethe time that the permitting authority pro-vides notice to the public. Affected statesmay comment on the draft permit action dur-ing the period allowed for public comment,as shall be set forth in a notice to affectedstates.

(b) Refusal to accept recommen-dations. If the permitting authority refuses toaccept all recommendations for a proposedpermit action that any affected state has sub-mitted during the review period, the permit-ting authority shall notify the administratorand the affected state in writing of its reasonsfor not accepting those recommendations.

B. Proposals for review. Following theend of the public comment period, the per-mitting authority shall prepare and submit tothe administrator a proposed permit.

(I) The proposed permit shall beissued no later than forty-five (45) days afterthe deadline for final action under this sectionand shall contain all applicable requirementsthat have been promulgated and made applic-able to the installation as of the date ofissuance of the draft permit.

(II) If new requirements are pro-mulgated or otherwise become newly applic-able to the installation following the issuanceof the draft permit, but before issuance of afinal permit, the permitting authority mayelect to either—

(a) Extend or reopen the publiccomment period to solicit comment on addi-tional draft permit provisions to implementthe new requirements; or

(b) If the permitting authoritydetermines that this extension or reopening ofthe public comment period would delayissuance of the permit unduly, the permittingauthority may include in the proposed or finalpermit, or both, a provision stating that theoperating permit will be reopened immedi-ately to incorporate the new requirements andstating that the new requirements are exclud-ed from the protection of the permit shield. Ifthe permitting authority elects to issue theproposed or final permit, or both, withoutincorporating the new requirements, the per-mitting authority, within thirty (30) days afterthe new requirements become applicable tothe source, shall institute proceedings pur-suant to this section to reopen the permit toincorporate the new requirements. Thesereopening proceedings may be instituted, butneed not be completed, before issuance of thefinal permit.

C. Action following the administra-tor’s review.



(I) Upon receipt of notice that theadministrator will not object to a proposedpermit that has been submitted for the admin-istrator’s review pursuant to this section, thepermitting authority shall issue the permit assoon as practicable, but in no event later thanthe fifth day following receipt of the noticefrom the administrator.

(II) Forty-five (45) days after trans-mittal of a proposed permit for the adminis-trator’s review, and if the administrator hasnot notified the permitting authority that s/heobjects to the proposed permit action, thepermitting authority shall promptly issue thepermit, but in no event later than the fiftiethday following transmittal to the administrator.

(III) If the administrator objects tothe proposed permit, the permitting authorityshall consult with the administrator and theapplicant, and shall submit a revised propos-al to the administrator within ninety (90) daysafter the date of the administrator’s objec-tion. If the permitting authority does notrevise the permit, the permitting authoritywill so inform the administrator within nine-ty (90) days following the date of the objec-tion and decline to make those revisions. Ifthe administrator disagrees with the permit-ting authority, the administrator may issue thepermit with the revisions incorporated.

13. Notification in writing. After mak-ing a final determination whether the permitshould be approved, approved with condi-tions, or denied, the permitting authorityshall notify the applicant in writing of thefinal determination and the total permit pro-cessing fees due.

14. Notice of processing fees due. Ifpayment of permit processing fees has notbeen received from the applicant eighty (80)calendar days after the final determination,the permitting authority shall issue in writingto the applicant a final notice of payment due.

15. Processing fees unpaid. If paymentof permit processing fees has not beenreceived from the applicant ninety (90) cal-endar days after the final determination, thepermitting authority shall notify the applicantthat the permit has been denied, provided theapplication previously had been approved inthe final determination. The permittingauthority also shall advise the applicant thatthe fee is still due and as specified in para-graph (10)(A)3., the fee shall have interestimposed upon it from the date of billing untilpayment is made.

16. Payment received. No later thanthree (3) calendar days after receipt of thewhole amount of the fee due, the permittingauthority will send the applicant a notice ofpayment received. The permit will also beissued at this time, provided the final deter-

mination was for approval and the permit pro-cessing fee was timely received.

(B) Appendix B, Public Participation. 1. This subsection shall apply to appli-

cations for unified review, as well as applica-tions under sections (7) and (8), applicationsfor source operations or installations emittingfive (5) or more tons of lead per year, andapplications containing GEP stack heightdemonstrations as defined in 10 CSR 10-6.020(1)(G)3.A.–C.

2. For those applications subject to sec-tion (7) or (8), completing the final determi-nation within one hundred eighty-four (184)days after receipt of a complete applicationinvolves performing the following actions in atimely manner:

A. Preliminary determination. Withinninety (90) days after receipt of a completeapplication, the permitting authority shallmake a preliminary determination whetherconstruction should be approved, approvedwith conditions or denied;

B. Public notice of hearing. No laterthan ten (10) days after the close of the pre-liminary review period, the permittingauthority shall cause a notice to be publishedin a newspaper of general circulation withinor nearest to the county in which the projectis proposed to be constructed or operated.The public notice shall describe the nature ofthe application, including, with reasonablespecificity, the following: name, address,phone number and representative of theagency issuing the public notice; name andaddress of the applicant; and the proposedproject, including its location and permitsapplied for; a description of the amount andlocation of emission reductions that will off-set the emissions increase from the new ormodified source, and include information onhow LAER was determined for the project(where appropriate). The public notice shallalso include degree of increment consump-tion, when appropriate, the permittingauthority’s preliminary determination ofwhether or not to approve, approve with con-ditions or deny, and any reference to condi-tions relating to visibility as required in para-graph (8)(C)5. The notice shall state, a publichearing shall be held, if requested, concern-ing the permit application, at which time anyinterested person may submit any relevantinformation, materials and views in supportof or opposed to the permit applied for. Thenotice shall state the location and time of thepublic hearing (if one is requested), with thehearing being held in the county in which allor a major part of the proposed project is tobe located and with the hearing being heldnot less than thirty (30) nor more than forty(40) days after the date of publication of the

notice. The notice also shall state that anyinterested person may submit relevant infor-mation materials and views to the permittingauthority, in writing, until the end of the dayon which the public hearing is held, or wouldbe held if requested. The notice shall furtherstate that a copy of materials submitted by theapplicant and used in making the preliminarydetermination, a copy of the preliminarydetermination, and a copy or summary ofother materials, if any, considered in makingthe preliminary determination are availablefor public inspection at the Department ofNatural Resources’ regional office in theregion in which the proposed installation ormajor modification would be constructed, aswell as at the Jefferson City Central Office ofthe Air Pollution Control Program. The per-mitting authority shall submit a copy of thispublic notice to the administrator;

C. Availability of preliminary deter-mination. After the close of the preliminaryreview period, but no later than the date pub-lic notice is published, the permitting author-ity shall make available to the public, until theend of the public comment period, at theregional office in the region in which the pro-posed installation or major modificationwould be constructed, as well as in the AirPollution Control Program Office in Jeffer-son City, a copy of the preliminary determi-nation and a copy of summary of other mate-rials, if any, considered in making thepreliminary determination;

D. The permitting authority may des-ignate another person to conduct any hearingunder this section;

E. Distribution of public notice.Within ten (10) days after the close of the pre-liminary review period, the permittingauthority shall send a copy of the publicnotice to the applicant and to officials andagencies having cognizance over the locationwhere the proposed construction would occuras follows: local air pollution control agen-cies, the chief executive of the city and coun-ty where the installation or modificationwould be located, any comprehensive region-al land use planning agency, any state air pro-gram permitting authority and any FederalLand Manager (FLM) whose lands may beaffected by emissions from the installation ormodification;

F. Public comment and applicantresponse. The permitting authority shall con-sider all written comments submitted withinthe time specified in the public notice and allcomments received at the public hearing, ifone is held, in making a final decision on theapprovability of the application. No later thanten (10) days after the close of the publiccomment period, the applicant may submit a



written response to any comments submittedby the public. The permitting authority shallconsider the applicant’s response in making afinal decision. The permitting authority shallmake all comments available for publicinspection in the same locations where thepermitting authority made available prehear-ing information relating to the proposedinstallation or modification. Further, the per-mitting authority shall prepare writtenresponse to all comments and make themavailable at the locations referred to previ-ously;

G. Final determination. The permit-ting authority shall make a final determina-tion whether construction should beapproved, approved with conditions or deniedpursuant to this rule, then notify the applicantin writing of the final determination andmake this notification available for publicinspection at the same locations where thepermitting authority made available prehear-ing information and public comments relatingto the installation or modification. The per-mitting authority shall submit a copy of thisfinal determination to the administrator;

H. Public notice exception. If theadministrator has provided public notice andopportunity for public comment and hearingequivalent to that provided by this subsection,the permitting authority may make a finaldetermination without providing public noticeand opportunity for public comment andhearing required by this subsection; and

I. Class I area visibility review andnotice to the FLM.

(I) For proposed installation subjectto specific permit requirements in sections(7) and (8) of this rule, but not dependent onany quantity of lead emissions as stated inparagraph (12)(B)1., the permitting authorityshall provide advance notification to anyFLM where, in the judgment of the permit-ting authority, visibility may be affected in aClass I area of the FLM’s responsibility. Thenotice shall be provided within thirty (30)days of receipt of an initial application orwhen first learning of the applicant’s intentfor a permit.

(II) No later than thirty (30) daysafter receipt of a complete application, thepermitting authority shall make written noti-fication to the FLM whose Class I area (thosedesignated in paragraph (12)(I)3.) may beaffected by emissions from the proposedsource. The notification must include allinformation relevant to the permit applicationand shall include an analysis of anticipatedClass I visibility impacts. The permittingauthority may also make this notification toany additional FLM whose Class I area’s vis-

ibility, in the judgment of the permittingauthority, may be impacted.

(III) The permitting authority shallconsider any analysis performed by an FLMthat is provided to the permitting authoritywithin thirty (30) days of the FLM’s receiptof the notification and analysis required inpart (12)(B)2.I.(II). Where the FLM’s analy-sis indicates that an adverse impact on visi-bility (as defined in 10 CSR 10-6.020) wouldoccur in a Class I area as a result of the pro-posed project, and analysis does not demon-strate an adverse impact to the permittingauthority’s satisfaction, the permittingauthority shall so indicate the dissatisfactionin the public notice of hearing. With this con-dition, the public notice also shall contain thelocation where an explanation of the permit-ting authority’s reasoning can be found, andthat the explanation be available for publicinspection no later than the date public noticeis published.

3. This paragraph is for those applica-tions not subject to section (7) or (8), butwhich propose an emission of five (5) ormore tons of lead per year or applicationscontaining GEP stack height demonstrations.For these applications, completing the finaldetermination within ninety (90) calendardays after receipt of the complete applicationinvolves performing the same public partici-pation activities as those subject to section (7)or (8), but with shorter time frames. The fol-lowing specifies the new time frames:

A. Permitting authority’s preliminarydetermination—No later than forty-five (45)calendar days after receipt of a completeapplication;

B. Public notice of hearing—No laterthan five (5) calendar days after the prelimi-nary determination;

C. Public hearing—No later than thir-ty (30) calendar days after the date of thepublic notice; and

D. Applicant response—No later thanfive (5) calendar days after the end of thepublic comment period, the applicant maysubmit a written response to any commentssubmitted.

(C) Appendix C, Offsets. Offset provisionsmay be found in 10 CSR 10-6.410.

(D) Appendix D, Banking. Banking provi-sions may be found in 10 CSR 10-6.410.

(E) Appendix E, Innovative Control Tech-nology.

1. An owner or operator of an installa-tion subject to section (8) of this rule mayemploy a system of innovative control tech-nology if—

A. The applicant demonstrates to thesatisfaction of the permitting authority thatthe proposed control system will not cause or

contribute to an unreasonable risk to publichealth, welfare or safety in its operation,function or malfunction;

B. The owner or operator demon-strates the ability and agrees to achieve a levelof continuous emission reduction equivalentto that which would have been required undersubsection (8)(A) of this rule, by a reasonabledate specified by the permitting authority,taking into consideration the technical andeconomic feasibility. The date shall not belater than four (4) years from the time ofstartup or seven (7) years from permitissuance;

C. On the date specified by the per-mitting authority, the proposed construction,employing the system of innovative control,will meet the requirements of 40 CFR52.21(l) and 40 CFR 52.21(v);

D. The proposed construction wouldnot, before the date specified by the permit-ting authority—

(I) Cause or contribute to a viola-tion of an applicable national ambient airquality 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 pro-posed construction gives his/her consentbefore the date specified by the permittingauthority; and

F. All other applicable requirements,including those for public participation, havebeen met.

2. Any approval to employ a system ofinnovative control technology may be revokedby the permitting authority, if—

A. The proposed system fails or willfail by the specified date to achieve therequired continuous emission reduction rate;or

B. The proposed system, before thespecified date, contributes or will contributeto an unreasonable risk to public health, wel-fare or safety in its operation, function ormalfunction; or

C. The permitting authority deter-mines that the proposed system is unlikely toprotect the public health, welfare or safety.

3. If an installation to which this sub-section applies fails to meet the required levelof continuous emission reduction within thespecified time period, or the approval isrevoked in accordance with paragraph(12)(E)2. of this rule, the owner or operatormay request the permitting authority to grantan extension of time for a minimum period asmay be necessary to meet the requirement forthe application of BACT through use of ademonstrated system of control. The period



shall not extend beyond the date three (3)years after termination of the same time peri-od specified in paragraph (12)(E)1. of thisrule.

(F) Appendix F, Air Quality Models. 1. All estimates and analyses of ambient

concentrations shall be based on the applica-ble air quality models, data bases and otherrequirements specified in the Guideline onAir Quality Models (Revised, July 1986)(EPA 450/2-78-027R) and Supplement A(July 1987).

2. Any model(s) designated in paragraph(12)(F)1. may be adjusted upon a determina-tion by the administrator and the permittingauthority, after notice and opportunity forpublic hearing, that the adjustment is neces-sary to take into account unique terrain ormeteorological characteristics of an areapotentially affected by emissions from thesource. Methods like those outlined in theWorkbook for the Comparison of Air QualityModels (United States EPA, Office of AirQuality Planning and Standards, ResearchTriangle Park, NC 27711, May 1978) shouldbe used to determine the comparability of airquality models.

3. Where the Guideline on Air QualityModels (Revised, July 1986) and SupplementA (July 1987) does not address a situationrequiring modeling, the administrator and thepermitting authority, after notice and oppor-tunity for public hearing, may approve theuse of a model which they deem accurate formodeling that situation.

(G) Appendix G, Increment Tracking. 1. The permitting authority will track

ambient air increment consumption at fixedbaseline locations within the baseline areas.

2. Available increment will be allocatedon a first-come, first-serve basis. The markedreceived date of a complete application willbe used by the permitting authority to deter-mine which applicant is entitled to prior allo-cation of increments.

3. At the intervals of five (5) years fromthe baseline date, the permitting authorityshall determine the actual air quality incre-ment available or consumed for a location(s)for which complete air monitoring data existsusing subsection (11)(C), Table 3.

4. Exclusions from increment consump-tion. Upon written request of the owner oroperator of an installation, made after noticeand opportunity for at least one (1) publichearing to be held in accordance with theprocedures established in subsection (12)(B),the permitting authority shall exclude the fol-lowing concentrations in determining con-sumption of a maximum allowable increase:

A. Concentrations attributable to theincrease in emissions from installations

which have converted from the use of petro-leum products, natural gas, or both, by rea-son of an order in effect under sections 2(a)and (b) of the Energy Supply EnvironmentalCoordination Act of 1974 over the emissionsfrom those sources before the effective dateof the order;

B. Concentrations attributable to theincrease in emissions from installationswhich have converted from using natural gasby reason of a natural gas curtailment plan ineffect pursuant to the Federal Power Act overthe emissions from those sources before theeffective date of the plan;

C. Concentrations of particulate mat-ter attributable to the increase in emissionsfrom construction or other temporary emis-sion-related activities, however;

D. No exclusion of these concentra-tions shall apply more than five (5) yearsafter the effective date of the order to whichsubparagraph (12)(G)4.A. refers or the planto which subparagraph (12)(G)4.B. refers,whichever is applicable. If both the order andthe plan are applicable, no exclusion shallapply more than five (5) years after the laterof the effective dates.

(H) Appendix H, Impacts on Class IAreas.

1. At any time prior to the close of thepublic comment period specified in subsec-tion (12)(B), the FLM for any federal Class Iarea may provide information to the permit-ting authority demonstrating that the emis-sions from the proposed installation or majormodification would have an adverse impacton the air quality-related values (includingvisibility) of any federal mandatory Class Iarea, notwithstanding that the change in airquality, resulting from emissions from theinstallation or major modification, would notcause or contribute to concentrations whichwould exceed the maximum allowableincrease for a Class I area, as specified insubsection (11)(A), Table 1. If the permittingauthority concurs in the demonstration by theFLM, the permit shall be denied.

2. Class I variances. The owner or oper-ator of a proposed installation or major mod-ification may demonstrate to the FLM thatthe emissions from the source would have noadverse impact on the air quality-related val-ues of any federal mandatory Class I area(including visibility), notwithstanding thatthe change in air quality resulting from emis-sions from the source would cause or con-tribute to concentrations which would exceedthe maximum allowable increases for a ClassI area. If the FLM concurs with a demon-stration and so certifies to the permittingauthority, the permitting authority, providingthat all other applicable requirements of thisrule are met, may issue the permit with thoseemission limitations as may be necessary to

assure that emissions of sulfur dioxide, par-ticulate matter and nitrogen dioxide wouldnot exceed the following maximum allowableincreases over baseline concentration forthese pollutants:

MaximumAllowable

Pollutant IncreaseParticulate Matter 10 Micron:


Sulfur Dioxide:Annual arithmetic mean 2024-hour maximum 913-hour maximum 325


Note: Increases are in micrograms per cubicmeter.

3. Sulfur dioxide variance by governorwith FLM’s concurrence.

A. If the owner or operator of a pro-posed installation or major modification whohas been denied an FLM’s certification pur-suant to paragraph (12)(H)1. demonstrates tothe governor that the installation or majormodification cannot be constructed as a resultof any maximum allowable increase for sulfurdioxide for periods of twenty-four (24) hoursor less applicable to any Class I area and, inthe case of federal mandatory Class I areas,that a variance under this part would notadversely affect the air quality-related valuesof the area (including visibility), then thegovernor, after consideration of the FLM’srecommendation (if any) and subject tohis/her concurrence, may grant, after noticeand an opportunity for a public hearing, avariance from these maximum allowableincreases.

B. If a variance is granted, the per-mitting authority may issue a permit to aninstallation or major modification in accor-dance with the requirements of paragraph(12)(H)5., provided that all other applicablerequirements of this rule are met.

4. Variance by the governor with thepresident’s concurrence.

A. The recommendations of the gov-ernor and the FLM shall be transferred to thepresident in any case where the governor rec-ommends a variance in which the FLM doesnot concur.

B. If this variance is approved by thepresident pursuant to 42 U.S.C.A. section7475(d)(2)(D)(ii), the permitting authoritymay issue a permit in accordance with therequirements of paragraph (12)(H)5. provid-ed that all other applicable requirements ofthis rule are met.





5. Emission limitations for presidentialor gubernatorial variance.

A. In the case of a permit issued pur-suant to paragraph (12)(H)3. or 4., the per-mitting authority shall impose, as conditionsof the permit, emission limitations as may benecessary to assure that emissions of sulfur-dioxide from the installation or major modi-fication (during any day on which the other-wise applicable maximum allowableincreases are exceeded) will not cause or con-tribute to concentrations which will exceedthe following maximum allowable increasesover the baseline concentration:

Maximum Allowable Increase (micrograms per cubic meter)

Period of Exposure Terrain AreasLow High

24-hour maximum 36 623-hour 130 221

B. These emission limitations alsoshall assure that the emissions will not causeor contribute to concentrations which exceedthe otherwise applicable maximum allowableincreases for periods of exposure of twenty-four (24) hours or less for more than eighteen(18) days, not necessarily consecutive, duringany annual period.

6. The permitting authority shall trans-mit to the administrator a copy of each per-mit application under this subsection (12)(H)and provide notice to the administrator ofevery action related to the consideration of apermit.

(I) Appendix I, Attainment and Unclassi-fied 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 ini-tially designated Class II, but may be redes-ignated as provided in this section.

C. The following areas may be redes-ignated only as Class I or II:

(I) An area which as of August 7,1977 exceeded ten thousand (10,000) acres insize and was a national monument, a nation-al primitive area, a national preserve, anational recreational area, a national wild andscenic river, a national wildlife refuge, or anational lakeshore or seashore; and

(II) A national park or nationalwilderness area established after August 7,1977, which exceeds ten thousand (10,000)acres in size.

2. Area redesignation. A. All areas (except as otherwise pro-

vided under paragraph (12)(I)1.) are desig-nated Class II as of December 5,1974.Redesignation (except as precluded byparagraph (12)(I)1.) may be proposed by thecommission as provided in this rule, subjectto approval by the administrator.

B. The commission may submit to theadministrator a proposal to redesignate areasof the state as Class I or Class II providedthat—

(I) At least one (1) public hearinghas been held in accordance with proceduresestablished in 643.070 and 643.100, RSMo;

(II) Other states and FLMs whoselands may be affected by the proposed redes-ignation were notified at least thirty (30) daysprior to the public hearing;

(III) A discussion of the reasons forthe proposed redesignation, including a satis-factory description and analysis of the health,environmental, economic, social and energyeffects of the proposed redesignation, wasprepared and made available for publicinspection at least thirty (30) days prior to thehearing and the notice announcing the hear-ing containing appropriate notification of theavailability of that discussion;

(IV) Prior to the issuance of noticerespecting the redesignation of an area thatincludes any federal lands, the commissionhas provided written notice to the appropriateFLM and afforded adequate opportunity (notin excess of sixty (60) days) to confer with thecommission respecting the redesignation andto submit written comments and recommen-dations. In redesignating any area, withrespect to which any FLM had submittedwritten comments and recommendations, thecommission shall have published a list of anyinconsistencies between the redesignation andcomments and recommendations (togetherwith the reasons for making redesignationagainst the recommendation of the FLM);and

(V) The commission has proposedthe redesignation after consultation with theelected leadership of local and other substategeneral purpose governments in the area cov-ered by the proposed redesignation.

C. Any area other than an area towhich paragraph (12)(I)1. refers may beredesignated Class III if—

(I) The redesignation would meetthe requirements of provisions established inaccordance with subparagraph (12)(I)2.B.;

(II) The redesignation has beenapproved by the commission and the gover-nor;

(III) The redesignation has beenapproved by the governor after consultation

with the appropriate committees of the legis-lature if it is in session, or with the leadershipof the legislature if it is not in session;

(IV) General purpose units of localgovernment, representing a majority of theresidents of the area to be redesignated, adoptresolutions concurring in the redesignation;

(V) The redesignation would notcause or contribute to a concentration of anyair pollutant which would exceed any maxi-mum allowable increase permitted under theclassification of any other area or any nation-al ambient air quality standard; and

(VI) Any permit application for anyinstallation or major modification subject toprovisions established in accordance withsubparagraph (12)(I)2.A. which couldreceive a permit only if the area in questionwere redesignated as Class III and any mate-rial submitted as part of that application wereavailable, insofar as was practicable, for pub-lic inspection prior to any public hearing onredesignation of any area as Class III.

3. Area class designations.

Area Class Description

Class I Hercules Glade NationalWilderness Area

Mingo National Wilderness Area

Class II All areas of the state which are not nonat-tainment

Class III No areas designated

(J) Appendix J, Air Quality Analysis forHazardous Air Pollutants.

1. The director shall maintain a table ofemission threshold levels, risk assessmentlevels, and screening model action levels forhazardous air pollutants. Applicants will notbe required to submit a hazardous air pollu-tant air quality analysis for applications hav-ing a maximum design capacity no more thanthe hazardous air pollutant emission thresh-old levels unless paragraph (12)(J)2. applies.

2. Exceptions. The director may requirean air quality analysis for applications if it islikely that the construction or modificationwill result in the discharge of air contami-nants in quantities, of characteristics and of aduration which directly and proximatelycause or contribute to injury to human, plant,or animal life or the use of property or com-plaints filed in the vicinity of the proposedconstruction or modification warrant an airquality analysis.

AUTHORITY: section 643.050, RSMo 2000.*Original rule filed Dec. 10, 1979, effectiveApril 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 May11, 1985. Amended: Filed Jan. 6, 1986,effective May 11, 1986. Amended: Filed April2, 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. Rescindedand readopted: Filed Sept. 2, 1993, effectiveMay 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 May30, 2002. Amended: Filed Aug. 2, 2002,effective April 30, 2003. Amended: FiledMarch 5, 2003, effective Oct. 30, 2003.Amended: Filed May 17, 2004, effective Dec.30, 2004.


10 CSR 10-6.061 Construction Permit

Exemptions

PURPOSE: This rule lists specific construc-tion or modification projects that are notrequired to obtain permits to construct under10 CSR 10-6.060. The evidence supportingthe need for this proposed rulemaking, persection 536.016, RSMo, is the February 20,2002 Recommendations from the “ManagingFor Results” presentation, the Air ProgramAdvisory Forum 2001 and 2002 Recommenda-tions and a January 28, 2003 memorandumto the department’s Air Pollution ControlProgram recommending exemption languagechanges.

(1) Applicability. This rule shall apply to allinstallations in Missouri. The provisions ofsection (3) of this rule notwithstanding, 10CSR 10-6.060 shall apply to any construc-tion, reconstruction, alteration or modifica-tion which—

(A) Is expressly required by an operatingpermit; or

(B) Is subject to federally-mandated con-struction permitting requirements set forth insections (7), (8), or (9), or any combinationof these, of 10 CSR 10-6.060.

(2) Definitions. Definitions for certain termsspecified in this rule may be found in 10 CSR10-6.020.

(3) General Provisions. The following con-struction or modifications are not required toobtain a permit under 10 CSR 10-6.060:

(A) Exempt Emission Units.1. The following combustion equipment

is exempt from 10 CSR 10-6.060 if the equip-ment emits only combustion products, andthe equipment produces less than one hun-dred fifty (150) pounds per day of any aircontaminant:

A. Any combustion equipment usingexclusively natural gas or liquefied petroleumgas or any combination of these with a capac-ity of less than ten (10) million British ther-mal units (Btus) per hour heat input;

B. Any combustion equipment with acapacity of less than one (1) million Btus perhour heat input;

C. Drying or heat treating ovens withless than ten (10) million Btus per hourcapacity provided the oven does not emit pol-lutants other than the combustion productsand the oven is fired exclusively by naturalgas, liquefied petroleum gas, or any combi-nation thereof; and

D. Any oven with a total productionof yeast leavened bakery products of less thanten thousand (10,000) pounds per operatingday heated either electrically or exclusivelyby natural gas firing with a maximum capac-ity of less than ten (10) million Btus per hour.

2. The following establishments, sys-tems, equipment and operations are exemptfrom 10 CSR 10-6.060:

A. Office and commercial buildings,where emissions result solely from spaceheating by natural or liquefied petroleum gasof less than twenty (20) million Btus per hourheat input. Incinerators operated in conjunc-tion with these sources are not exempt unlessthe incinerator operations are exempt underanother section of this rule;

B. Comfort air conditioning or com-fort ventilating systems not designed or usedto remove air contaminants generated by, orreleased from, specific units of equipment;

C. Equipment used for any mode oftransportation;

D. Livestock markets and livestockoperations, including animal feeding opera-tions and concentrated animal feeding opera-tions as those terms are defined by 40 CFR122.23 and all manure storage and applica-tion systems associated with livestock mar-kets or livestock operations, that were con-structed on or before November 30, 2003.This exemption includes any change, installa-tion, construction or reconstruction of aprocess, process equipment, emission unit,or air cleaning device after November 30,2003, unless such change, installation, con-struction or reconstruction involves an

increase in the operation’s capacity to houseor grow animals.

E. Any grain handling, storage anddrying facility which—

(I) Is in noncommercial use only(used only to handle, dry or store grain pro-duced by the owner) if—

(a) The total storage capacitydoes not exceed seven hundred fifty thousand(750,000) bushels;

(b) The grain handling capacitydoes not exceed four thousand (4,000)bushels per hour; and

(c) The facility is located at leastfive hundred feet (500') from any recreation-al area, residence or business not occupied orused solely by the owner;

(II) Is in commercial or noncom-mercial use and the total storage capacity ofthe new and any existing facility(ies) does notexceed one hundred ninety thousand(190,000) bushels; or

(III) Is in commercial or noncom-mercial use and has an installation of addi-tional grain storage capacity in which there isno increase in hourly grain handling capacityand that utilizes existing grain receiving andloadout equipment;

F. Restaurants and other retail estab-lishments for the purpose of preparing foodfor employee and guest consumption;

G. Any wet sand and gravel produc-tion facility that obtains its material from sub-terranean and subaqueous beds where thedeposits of sand and gravel are consolidatedgranular materials resulting from natural dis-integration of rock and stone and whose max-imum production rate is less than five hun-dred (500) tons per hour. All permanentin-plant roads shall be paved and cleaned, orwatered, or properly treated with dust-sup-pressant chemicals as necessary to achievegood engineering control of dust emissions.Only natural gas shall be used as a fuel whendrying;

H. Equipment solely installed for thepurpose of controlling fugitive dust;

I. Equipment or control equipmentwhich eliminates all emissions to the ambientair;

J. Equipment, including air pollutioncontrol equipment, but not including ananaerobic lagoon, that emits odors but noregulated air pollutants;

K. Residential wood heaters, cook-stoves or fireplaces;

L. Laboratory equipment used exclu-sively for chemical and physical analysis orexperimentation, except equipment used forcontrolling radioactive air contaminants;

M. Recreational fireplaces;



N. Stacks or vents to prevent theescape of sewer gases through plumbing trapsfor systems handling domestic sewage only.Systems which include any industrial wastedo not qualify for this exemption;

O. Noncommercial incineration ofdead animals, the on-site incineration of resi-dent animals for which no consideration isreceived or commercial profit is realized asauthorized in section 269.020.6, RSMo2000;

P. The following miscellaneous activ-ities:

(I) Use of office equipment andproducts, not including printing establish-ments or businesses primarily involved inphotographic reproduction. This exemption issolely for office equipment that is not part ofthe manufacturing or production process atthe installation;

(II) Tobacco smoking rooms andareas;

(III) Hand-held applicator equip-ment for hot melt adhesives with no volatileorganic compound (VOC) in the adhesive for-mula;

(IV) Paper trimmers and binders;(V) Blacksmith forges, drop ham-

mers, and hydraulic presses;(VI) Hydraulic and hydrostatic test-

ing equipment; and(VII) Environmental chambers,

shock chambers, humidity chambers, andsolar simulators provided no hazardous airpollutants are emitted by the process;

Q. The following internal combustionengines:

(I) Portable electrical generatorsthat can be moved by hand without the assis-tance of any motorized or non-motorizedvehicle, conveyance or device;

(II) Spark ignition or diesel firedinternal combustion engines used in conjunc-tion with pumps, compressors, pile drivers,welding, cranes, and wood chippers or inter-nal combustion engines or gas turbines ofless than two hundred fifty (250) horsepowerrating; and

(III) Laboratory engines used inresearch, testing, or teaching;

R. The following quarries, mineralprocessing, and biomass facilities:

(I) Drilling or blasting activities;(II) Concrete or aggregate product

mixers or pug mills with a maximum ratedcapacity of less than fifteen (15) cubic yardsper hour;

(III) Riprap production processesconsisting only of a grizzly feeder, convey-ors, and storage, not including additionalhauling activities associated with riprap pro-duction;

(IV) Sources at biomass recycling,composting, landfill, publicly owned treat-ment works (POTW), or related facilities spe-cializing in the operation of, but not limitedto tub grinders powered by a motor with amaximum output rating of ten (10) horsepow-er, hoggers and shredders and similar equip-ment powered by a motor with a maximumoutput rating of twenty-five (25) horsepower,and other sources at such facilities with atotal throughput less than five hundred (500)tons per year; and

(V) Land farming of soils contami-nated only with petroleum fuel productswhere the farming beds are located a mini-mum of three hundred feet (300') from theproperty boundary;

S. The following kilns and ovens:(I) Kilns with a firing capacity of

less than ten (10) million Btus per hour usedfor firing ceramic ware, heated exclusively bynatural gas, liquefied petroleum gas, electric-ity, or any combination thereof; and

(II) Electric ovens or kilns usedexclusively for curing or heat-treating provid-ed no hazardous air pollutants (HAPs) orVOCs are emitted;

T. The following food and agricultur-al equipment:

(I) Any equipment used in agricul-tural operations to grow crops;

(II) Equipment used exclusively toslaughter animals. This exemption does notapply to other slaughterhouse equipment suchas rendering cookers, boilers, heating plants,incinerators, and electrical power generatingequipment;

(III) Commercial smokehouses orbarbecue units in which the maximum hori-zontal inside cross-sectional area does notexceed twenty (20) square feet;

(IV) Equipment used exclusively togrind, blend, package, or store tea, cocoa,spices or coffee;

(V) Equipment with the potential todry, mill, blend, grind, or package less thanone thousand (1,000) pounds per year of dryfood products such as seeds, grains, corn,meal, flour, sugar, and starch;

(VI) Equipment with the potentialto convey, transfer, clean, or separate lessthan one thousand (1,000) tons per year ofdry food products or waste from food pro-duction operations;

(VII) Storage equipment or facili-ties containing dry food products that are notvented to the outside atmosphere or whichhave the potential to handle less than onethousand (1,000) tons per year;

(VIII) Coffee, cocoa, and nut roast-ers with a roasting capacity of less than fif-teen (15) pounds of beans or nuts per hour,

and any stoners or coolers operated withthese roasters;

(IX) Containers, reservoirs, tanks,or loading equipment used exclusively for thestorage or loading of beer, wine, or otheralcoholic beverages produced for human con-sumption;

(X) Brewing operations at facilitieswith the potential to produce less than three(3) million gallons of beer per year; and

(XI) Fruit sulfuring operations atfacilities with the potential to produce lessthan ten (10) tons per year of sulfured fruitsand vegetables;

U. Batch solvent recycling equipmentprovided the recovered solvent is used pri-marily on-site, the maximum heat input isless than one (1) million Btus per hour, thebatch capacity is less than one hundred fifty(150) gallons, and there are no solvent vaporleaks from the equipment which exceed fivehundred (500) parts per million;

V. The following surface coating andprinting operations:

(I) Batch mixing of inks, coatings,or paints provided good housekeeping ispracticed, spills are cleaned up as soon aspossible, equipment is maintained accordingto manufacturer’s instruction and property iskept clean. In addition, all waste inks, coat-ing, and paints shall be disposed of properly.Prior to disposal all liquid waste shall bestored in covered container. This exemptiondoes not apply to ink, coatings, or paint man-ufacturing facilities;

(II) Any powder coating operation,or radiation cured coating operation whereultraviolet or electron beam energy is used toinitiate a reaction to form a polymer network;

(III) Any surface-coating sourcethat employs solely non-refillable handheldaerosol cans; and

(IV) Surface coating operations uti-lizing powder coating materials with the pow-der applied by an electrostatic powder spraygun or an electrostatic fluidized bed;

W. The following metal working andhandling equipment:

(I) Carbon dioxide (CO2) lasers,used only on metals and other materials thatdo not emit a HAP or VOC in the process;

(II) Laser trimmers equipped withdust collection attachments;

(III) Equipment used for pressingor storing sawdust, wood chips, or woodshavings;

(IV) Equipment used exclusively tomill or grind coatings and molding com-pounds in a paste form provided the solutioncontains less than one percent (1%) VOC byweight;

(V) Tumblers used for cleaning ordeburring metal products without abrasiveblasting;



(VI) Batch mixers with a ratedcapacity of fifty-five (55) gallons or less pro-vided the process will not emit hazardous airpollutants;

(VII) Equipment used exclusivelyfor the mixing and blending of materials atambient temperature to make water-basedadhesives provided the process will not emithazardous air pollutants;

(VIII) Equipment used exclusivelyfor the packaging of lubricants or greases;

(IX) Platen presses used for lami-nating provided the process will not emit haz-ardous air pollutants;

(X) Roll mills or calendars for rub-ber or plastics provided the process will notemit hazardous air pollutants;

(XI) Equipment used exclusivelyfor the melting and applying of wax contain-ing less than one percent (1%) VOC byweight;

(XII) Equipment used exclusivelyfor the conveying and storing of plastic pel-lets; and

(XIII) Solid waste transfer stationsthat receive or load out less than fifty (50)tons per day of nonhazardous solid waste;

X. The following liquid storage andloading equipment:

(I) Storage tanks and vessels havinga capacity of less than five hundred (500) gal-lons; and

(II) Tanks, vessels, and pumpingequipment used exclusively for the storageand dispensing of any aqueous solution whichcontains less than one percent (1%) by weightof organic compounds. Tanks and vesselsstoring the following materials are notexempt:

(a) Sulfuric or phosphoric acidwith an acid strength of more than ninety-nine percent (99.0%) by weight;

(b) Nitric acid with an acidstrength of more than seventy percent(70.0%) by weight;

(c) Hydrochloric or hydrofluoricacid with an acid strength of more than thir-ty percent (30.0%) by weight; or

(d) More than one liquid phase,where the top phase contains more than onepercent (1%) VOC by weight;

Y. The following chemical processingequipment or operations:

(I) Storage tanks, reservoirs, pump-ing, and handling equipment, and mixing andpackaging equipment containing or process-ing soaps, vegetable oil, grease, animal fat,and nonvolatile aqueous salt solutions, pro-vided appropriate lids and covers are utilized;and

(II) Batch loading and unloading ofsolid phase catalysts;

Z. Body repair and refinishing ofmotorcycle, passenger car, van, light truck

and heavy truck and other vehicle body parts,bodies, and cabs, provided—

(I) Good housekeeping is practiced;spills are cleaned up as soon as possible,equipment is maintained according to manu-facturers’ instructions, and property is keptclean. In addition, all waste coatings, sol-vents, and spent automotive fluids including,but not limited to, fuels, engine oil, gear oil,transmission fluid, brake fluid, antifreeze,fresh or waste fuels, and spray booth filters orwater wash sludge are disposed of properly.Prior to disposal, all liquid waste shall bestored in covered containers. All solvents andcleaning materials shall be stored in closedcontainers;

(II) All spray coating operationsshall be performed in a totally enclosed fil-tered spray booth or totally enclosed filteredspray area with an air intake area of less thanone hundred (100) square feet. All sprayareas shall be equipped with a fan which shallbe operated during spraying, and the exhaustair shall either be vented through a stack tothe atmosphere or the air shall be recirculat-ed back into the shop through a carbonadsorption system. All carbon adsorption sys-tems shall be properly maintained accordingto the manufacturer’s operating instructions,and the carbon shall be replaced at the man-ufacturer’s recommended intervals to mini-mize solvent emissions; and

(III) Spray booth, spray area, andpreparation area stacks shall be located atleast eighty feet (80') away from any resi-dence, recreation area, church, school, childcare facility, or medical or dental facility;

AA. Sawmills processing no morethan twenty-five (25) million board feet,green lumber tally of wood per year, in whichno mechanical drying of lumber is per-formed, in which fine particle emissions arecontrolled through the use of properly engi-neered baghouses or cyclones, and whichmeet all of the following provisions:

(I) The mill shall be located at leastfive hundred feet (500') from any recreation-al area, school, residence, or other structurenot occupied or used solely by the owner ofthe facility or the owner of the property uponwhich the installation is located;

(II) All sawmill residues (sawdust,shavings, chips, bark) from debarking, plan-ing, saw areas, etc., shall be removed or con-tained to minimize fugitive particulate emis-sions. Spillage of wood residues shall becleaned up as soon as possible and containedsuch that dust emissions from wind erosionand/or vehicle traffic are minimized. Dispos-al of collected sawmill residues must beaccomplished in a manner that minimizesresidues becoming airborne. Disposal bymeans of burning is prohibited unless it isconducted in a permitted incinerator; and

(III) All open-bodied vehiclestransporting sawmill residues (sawdust, shav-ings, chips, bark) shall be covered with a tarpto achieve maximum control of particulateemissions;

BB. Internal combustion engines andgas turbine driven compressors, electric gen-erator sets, and water pumps, used only forportable or emergency services, provided thatthe maximum annual operating hours shallnot exceed five hundred (500) hours. Emer-gency generators are exempt only if their solefunction is to provide back-up power whenelectric power from the local utility is inter-rupted. This exemption only applies if theemergency generators are operated only dur-ing emergency situations and for short peri-ods of time to perform maintenance and oper-ational readiness testing. The emergencygenerator shall be equipped with a non-reset-table meter;

CC. Commercial dry cleaners; andDD. Carving, cutting, routing, turn-

ing, drilling, machining, sawing, sanding,planing, buffing, or polishing solid materials,other than materials containing any asbestos,beryllium or lead greater than one percent(1%) by weight as determined by MaterialSafety Data Sheets (MSDS), vendor materialspecifications and/or purchase order specifi-cations, where equipment—

(I) Directs a stream of liquid at thepoint where material is processed;

(II) Is used only for maintenance orsupport activity not conducted as part of theinstallation’s primary business activity;

(III) Is exhausted inside a building;or

(IV) Is ventilated externally to anoperating cyclonic inertial separator(cyclone), baghouse, or dry media filter.Other particulate control devices such aselectrostatic precipitators or scrubbers aresubject to construction permitting or a per-mit-by-rule, unless otherwise exempted.

3. Construction or modifications areexempt from 10 CSR 10-6.060 if they meetthe requirements of subparagraphs (3)(A)3.B.of this rule for each hazardous air pollutantand the requirements of subparagraph(3)(A)3.A., (3)(A)3.C. or (3)(A)3.D. of thisrule for each criteria pollutant. The directormay require review of construction or modi-fications otherwise exempt under paragraph(3)(A)3. of this rule if the emissions of theproposed construction or modification willappreciably affect air quality or the air qual-ity standards are appreciably exceeded orcomplaints involving air pollution have beenfiled in the vicinity of the proposed construc-tion or modification.

A. At maximum design capacity theproposed construction or modification shall



emit each pollutant at a rate of no more thanthe amount specified in Table 1.

TABLE 1. Insignificant Emission

Exemption Levels

B. At maximum design capacity, theproposed construction or modification will e-mit a hazardous air pollutant at a rate of nomore than one-half (0.5) pound per hour, orthe hazardous emission threshold as estab-lished in subsection (12)(J) of 10 CSR 10-6.060, whichever is less.

C. Actual emissions of each criteriapollutant, except lead, will be no more thaneight hundred seventy-six (876) pounds peryear.

D. Actual emissions of volatile organ-ic compounds that do not contain hazardousair pollutants will be no more than four (4)tons per year.

(B) Excluded Activities. 10 CSR 10-6.060does not apply to—

1. Routine maintenance, partsreplacement or relocation of emission unitswithin the same installation which do notinvolve either any appreciable change eitherin the quality or nature, or any increase ineither the potential to emit or the effect on airquality, of the emissions of any air contami-nant. Some examples are as follows:

A. Replacing the bags in a baghouse;

B. Replacing wires, plates, rappers,controls or electric circuitry in an electrosta-tic precipitator which does not measurablydecrease the design efficiency of the unit;

C. Replacement of fans, pumps ormotors which does not alter the operation ofa source or performance of a control device;

D. Replacement of boiler tubes;

E. Replacement of piping, hoods, andductwork; and

F. Replacement of engines, compres-sors or turbines as part of a normal mainte-nance program;

2. Changes in a process or processequipment which do not involve installing,constructing or reconstructing an emissionsunit or associated air cleaning devices, andthat do not involve either any appreciable

change either in the quality or nature, or anyincrease in either the potential to emit or theeffect on air quality of the emissions of anyair contaminant. Some examples are as fol-lows:

A. Change in supplier or formulationof similar raw materials, fuels, paints andother coatings;

B. Change in the sequence of theprocess;

C. Change in the method of raw mate-rial addition;

D. Change in the method of productpackaging;

E. Change in the process operatingparameters;

F. Replacement of an identical ormore efficient cyclone precleaner which isused as a precleaner in a fabric filter controlsystem;

G. Installation of a floating roof on anopen top petroleum storage tank;

H. Replacement of a fuel burner in aboiler with a more thermally efficient burner;

I. Lengthening a paint drying oven toprovide additional curing time; and

J. Changes in the location, within thestorage area, or configuration of a materialstorage pile or material handling equipment;

3. Replacement of like-kind emissionunits that do not involve either any apprecia-ble change either in the quality or nature, orany increase either in the potential to emit orthe effect on air quality, of the emissions ofany air contaminant;

4. The exempt activities in paragraphs(3)(B)1.–3. of this rule reflect a presumptionthat existing emission units which arechanged or replaced by like-kind units shallbe treated as having begun normal operationfor purposes of the definition of actual emis-sions in 10 CSR 10-6.020;

5. The following miscellaneous activi-ties:

A. Plant maintenance, and upkeepactivities such as routine cleaning, janitorialservices, use of janitorial products, groundskeeping, general repairs, architectural ormaintenance painting, welding repairs,plumbing, roof repair, installing insulation,using air compressors and pneumaticallyoperated equipment, and paving parking lots,provided these activities are not conducted aspart of the installation’s primary businessactivity;

B. Batteries and battery charging sta-tions;

C. Fire suppression equipment andemergency road flares;

D. Laundry activities, except dry-cleaning and steam boilers; and

E. Steam emissions from leaks, safe-ty relief valves, steam cleaning operations,and steam sterilizers; and

6. The following miscellaneous surfacepreparation and cleaning activities:

A. Equipment and containers used forsurface preparation, cleaning, or stripping byuse of solvents or solutions that meet all ofthe following:

(I) Solvent used must have an initialboiling point of greater than three hundredtwo degrees Fahrenheit (302°F), and this ini-tial boiling point must exceed the maximumoperating temperature by at least one hundredeighty degrees Fahrenheit (180°F);

(II) The equipment or container hasa capacity of less than thirty-five (35) gallonsof liquid. For remote reservoir cold cleaners,capacity is the volume of the remote reser-voir;

(III) The equipment or containerhas a liquid surface area less than seven (7)square feet, or for remote reservoir coldcleaners, the sink or working area has a hor-izontal surface less than seven (7) square feet;

(IV) Solvent flow must be limitedto a continuous fluid stream type arrange-ment. Fine, atomized, or shower type spraysare not exempt; and

(V) All lids and closures are prop-erly employed;

B. The exclusion in subparagraph(3)(B)6.A. of this rule does not apply to sol-vent wipe cleaning operations;

C. Abrasive blasting sources that havea confined volume of less than one hundred(100) cubic feet and are controlled by a par-ticulate filter;

D. Blast cleaning equipment using asuspension of abrasive in water;

E. Portable blast cleaning equipmentfor use at any single location for less thansixty (60) days; and

F. Any solvent cleaning or surfacepreparation source that employs only non-refillable handheld aerosol cans.

(C) Exceptions to Excluded Activities. Theexclusion provisions of subsection (3)(B) ofthis rule notwithstanding, 10 CSR 10-6.060shall apply to any construction, reconstruc-tion, alteration or modification which—

1. Is expressly required by an operatingpermit; or

2. Is subject to federally-mandated con-struction permitting requirements set forth insections (7), (8), or (9), or any combinationof these, of 10 CSR 10-6.060.

(4) Reporting and Record Keeping. The oper-ator shall maintain records in sufficient detailto show compliance with the exemptions inparagraph (3)(A)3. of this rule. Any noncom-pliance with the requirements in this para-graph constitutes a violation and is groundsfor enforcement action and the exemptionwill no longer apply. Operators of installa-tions found to be not in compliance with the



Pollutant

Insignificance

Level

(lbs per hr)

Particulate Matter 10 Micron (PM 10) (Emitted solely by equipment)

1.0

Sulfur Oxides (SO x) 2.75

Nitrogen Oxides (NO x) 2.75

Volatile Organic Compounds (VOCs)

2.75

Carbon Monoxide (CO) 6.88

requirements of this paragraph shall berequired to apply for a construction permitunder 10 CSR 10-6.060. The exemptionsshall be documented as follows:

(A) Record keeping shall begin on the datethe construction, reconstruction, modifica-tion or operation commencement and recordsshall be maintained to prove potential emis-sions are below de minimis levels and thatactual emissions are below the exemptionthreshold levels in paragraph (3)(A)3. of thisrule. Records shall be maintained usingEmission Inventory Questionnaire (EIQ)methods in accordance with EIQ emissioncalculation hierarchy; or

(B) In lieu of records, the owner or opera-tor shall demonstrate through engineeringcalculations that emissions are not in excessof the exemption levels established in para-graph (3)(A)3. of this rule.

(5) Test Methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo 2000.*Original rule filed March 5, 2003, effectiveOct. 30, 2003. Amended: Filed July 1, 2004,effective Feb. 28, 2005. Amended: Filed Dec.1, 2005, effective July 30, 2006.


10 CSR 10-6.062 Construction Permits ByRule

PURPOSE: This rule creates a process bywhich sources can be exempt from 10 CSR 10-6.060 Construction Permits Required, byestablishing conditions under which specificsources can construct and operate. It estab-lishes notification requirements and standardreview fees. It has been determined that thesesources will not make a significant contribu-tion of air contaminants to the atmosphere.The evidence supporting the need for this pro-posed rulemaking, per section 536.016,RSMo, is the February 20, 2002 Recom-mendations from the “Managing For Results”presentation and the Air Program AdvisoryForum 2001 and 2002 Recommendations.

(1) Applicability. This rule shall apply to cer-tain types of facilities or changes within facil-ities listed in this rule where construction iscommenced on or after the effective date ofthe relevant permit-by-rule. To qualify for apermit-by-rule, the following general require-ments must be met:

(A) Any installation undergoing activitiesthat would otherwise be subject to section(7), (8), or (9) of 10 CSR 10-6.060 does notqualify for permit-by-rule under this regula-tion. Installations accepting the permit-by-rule emission limitations can use those limi-

tations to determine whether the installationis subject to section (7), (8), or (9) of 10 CSR10-6.060;

(B) The installation is not prohibited frompermit-by-rule by permit conditions, by set-tlement agreements or by official notificationfrom the director;

(C) All emission control equipment associ-ated with the permit-by-rule shall be main-tained and operated in accordance with theequipment specifications of the manufacturer;

(D) Obtaining a permit-by-rule under thisregulation does not exempt an installationfrom other applicable air pollution regula-tions or any local air pollution control agencyrequirements; and

(E) The director may require an air quali-ty analysis in addition to the general require-ments listed in subsection (3)(B) of this ruleif it is likely that the emissions of the pro-posed construction or modification willappreciably affect air quality or the air qual-ity standards are being appreciably exceededor complaints filed in the vicinity of the pro-posed construction or modification warrantan air quality analysis. The permit-by-rulemay be revoked if it is determined that emis-sions from the source interfere with theattainment or maintenance of ambient airquality standards.

(2) Definitions. Definitions of certain termsspecified in this rule may be found in 10 CSR10-6.020.

(3) General Provisions.(A) Registration. To qualify for a permit-

by-rule, the owner or operator must notifythe Missouri Department of NaturalResources’ Air Pollution Control Programprior to commencement of construction. Thisnotification will establish the permit-by-ruleand become the conditions under which thefacility is permitted. All representationsmade in the notification regarding construc-tion plans, operating procedures, and maxi-mum emission rates shall become conditionsupon which the facility shall construct ormodify. If the conditions, as represented inthe notification, vary in a manner that willchange the method of emission controls, thecharacter of the emissions, or will result in anincrease of emissions, a new notification orpermit application must be prepared and sub-mitted to the department’s Air Pollution Con-trol Program.

1. The director shall provide a form bywhich operators can submit their notifica-tions. The notification shall include docu-mentation of the basis of emission estimatesor activity rates and be signed by a responsi-ble official certifying that the informationcontained in the notification is true, accurate,and complete. The expected first date of

operation shall be included in the notifica-tion. Upon notification, the operator maybegin construction and operation of the newsource.

2. The notification shall be sent to thedepartment’s Air Pollution Control Program.Two (2) copies of the original notificationshall be made. One (1) shall be sent to theappropriate regional office, and one (1) shallbe maintained on-site and be provided imme-diately upon request by inspectors.

3. Fees. A review fee of seven hundreddollars ($700) shall accompany the notifica-tion sent to the department’s Air PollutionControl Program.

4. Upon completion of an initial on-sitecompliance review, the permit-by-rule notifi-cation shall be approved.

(B) Permit-by-Rule.1. Printing operations. Any printing

operation (including, but not limited to,screen printers, ink-jet printers, presses usingelectron beam or ultraviolet light curing, andlabeling operations) and supporting equip-ment (including, but not limited to, coronatreaters, curing lamps, preparation, andcleaning equipment) which operate in com-pliance with the following conditions is per-mitted under this rule:

A. The uncontrolled emission ofvolatile organic compounds (VOCs) frominks and solvents (including, but not limitedto, those used for printing, cleanup, or make-up) shall not exceed forty (40) tons per twelve(12)-month period, rolled monthly, for allprinting operations on the property. Theemissions shall be calculated using a materi-al balance that assumes that all of the VOCsin the inks and solvents used are directlyemitted to the atmosphere;

B. The uncontrolled emission of haz-ardous air pollutants shall not exceed ten (10)tons per twelve (12)-month period, rolledmonthly, for all printing operations on theproperty. The emissions shall be calculatedusing a material balance that assumes that allhazardous air pollutants used are directlyemitted to the atmosphere;

C. Copying and duplicating equip-ment employing the xerographic method areexempt from subparagraphs (3)(B)1.D–G. ofthis rule;

D. Printing presses covered by thissection shall not utilize heat set, thermo set,or oven-dried inks. Heated air may be used toshorten drying time, provided the tempera-ture does not exceed one hundred ninety-fourdegrees Fahrenheit (194°F);

E. Screen printing operations requir-ing temperatures greater than one hundredninety-four degrees Fahrenheit (194°F) to setthe ink are exempt from subparagraph(3)(B)1.D. of this rule;



F. The facility shall not be located inan ozone nonattainment area; and

G. Record keeping. The operatorshall maintain records of ink and solventusage and shall be kept in sufficient detail toshow compliance with subparagraphs(3)(B)1.A. and 1.B. of this rule.

2. Crematories and animal incinerators.Any crematory or animal incinerator that isused solely for the cremation of humanremains, disposal of human pathologicalwastes, or animal carcasses and operates incompliance with the following conditions ispermitted under this rule:

A. The materials to be disposed ofshall be limited to noninfectious human mate-rials removed during surgery, labor and deliv-ery, autopsy, or biopsy including body parts,tissues and fetuses, organs, bulk blood andbody fluids, blood or tissue laboratory speci-mens; and other noninfectious anatomicalremains or animal carcasses in whole or inpart. The owner or operator shall minimizethe amount of packaging fed to the incinera-tor, particularly plastic containing chlorine.The incinerators shall not be used to disposeof other non-biological medical wastesincluding, but not limited to, sharps, rubbergloves, intravenous bags, tubing, and metalparts;

B. The manufacturer’s rated capacity(burn rate) shall be two hundred (200) poundsper hour or less;

C. The incinerator shall be a dual-chamber design;

D. Burners shall be located in eachchamber, sized to manufacturer’s specifica-tions, and operated as necessary to maintainthe minimum temperature requirements ofsubparagraph (3)(B)2.E. of this rule at alltimes when the unit is burning waste;

E. Excluding crematories, the sec-ondary chamber must be designed to main-tain a temperature of one thousand six hun-dred degrees Fahrenheit (1,600°F) or morewith a gas residence time of one-half (1/2)second or more. The temperature shall bemonitored with equipment that is accurate to plus or minus two percent (±2%) and contin-uously recorded. The thermocouples or radi-ation pyrometers shall be fitted to the incin-erator and wired into a manual reset noisealarm such that if the temperature in either ofthe two (2) chambers falls below the mini-mum temperature above, the alarm willsound at which time plant personnel shalltake immediate measures to either correct theproblem or cease operation of the incineratoruntil the problem is corrected;

F. There shall be no obstructions tostack flow, such as by rain caps, unless suchdevices are designed to automatically openwhen the incinerator is operated. Properly

installed and maintained spark arresters arenot considered obstructions;

G. Each incinerator operator shall betrained in the incinerator operating proce-dures as developed by the American Societyof Mechanical Engineers (ASME), by theincinerator manufacturer, or by a trained indi-vidual with more than one (1) year experi-ence in the operation of the incinerator thatthe trainee will be operating. Minimum train-ing shall include basic combustion controlparameters of the incinerator and all emer-gency procedures to be followed should theincinerator malfunction or exceed operatingparameters. An operator who meets the train-ing requirements of this condition shall be onduty and immediately accessible during allperiods of incinerator operation. The manu-facturer’s operating instructions and guide-lines shall be posted at the unit and the unitshall be operated in accordance with theseinstructions;

H. The incinerator shall have an opac-ity of less than ten percent (10%) at all times;

I. Heat shall be provided by the com-bustion of natural gas, liquid petroleum gas,or Number 2 fuel oil with less than three-tenths percent (0.3%) sulfur by weight, or byelectric power; and

J. Record keeping. The operator shallmaintain a log of all alarm trips and the resul-tant action taken. A written certification ofthe appropriate training received by the oper-ator, with the date of training, that includes alist of the instructor’s qualifications orASME certification school shall be main-tained for each operator. The operator shallmaintain an accurate record of the monthlyamount and type of waste combusted.

3. Surface coating. Any surface coatingactivity or stripping facility that operates incompliance with the following conditions ispermitted under this rule:

A. Metalizing, spraying molten metalonto a surface to form a coating, is not per-mitted under this permit-by-rule. The use ofcoatings that contain metallic pigments ispermitted;

B. All facilities shall implement goodhousekeeping procedures to minimize fugi-tive emissions, including:

(I) All spills shall be cleaned upimmediately;

(II) The booth or work area exhaustfans shall be operating when cleaning sprayguns and other equipment; and

(III) All new and used coatings andsolvents shall be stored in closed containers.All waste coatings and solvents shall beremoved from the site by an authorized dis-posal service or disposed of at a permittedon-site waste management facility;

C. Drying and curing ovens shalleither be electric or meet the following con-ditions:

(I) The maximum heat input to anyoven must not exceed forty (40) millionBritish thermal units (Btus) per hour; and

(II) Heat shall be provided by thecombustion of one of the following: naturalgas; liquid petroleum gas; fuel gas containingno more than twenty (20.0) grains of totalsulfur compounds (calculated as sulfur) perone hundred (100) dry standard cubic feet; orNumber 2 fuel oil with not more than three-tenths percent (0.3%) sulfur by weight;

D. Emissions shall be calculatedusing a material balance that assumes that allVOCs and hazardous air pollutants in thepaints and solvents used are directly emittedto the atmosphere. The total uncontrolledemissions from the coating materials (asapplied) and cleanup solvents shall notexceed the following for all operations:

(I) Forty (40) tons per twelve (12)-month period, rolled monthly, of VOCs forall surface coating operations on the proper-ty;

(II) A sum of twenty-five (25) tonsper twelve (12)-month period, rolled month-ly, of all hazardous air pollutants for all sur-face coating operations on the property; and

(III) Each individual hazardous airpollutant shall not exceed the emissionthreshold levels established in 10 CSR 10-6.060(12)(J), rolled monthly;

E. The surface coating operationsshall be performed indoors, in a booth, or inan enclosed work area. The booth shall bedesigned to meet a minimum face velocity atthe intake opening of each booth or work areaof one hundred feet (100') per minute. Emis-sions shall be exhausted through elevatedstacks that extend at least one and one-half (11/2) times the building height above groundlevel. All stacks shall discharge vertically.There shall be no obstructions to stack flow,such as rain caps, unless such services aredesigned to automatically open when boothsare operated;

F. For spraying operations, emissionsof particulate matter must be controlled usingeither a water wash system or a dry filter sys-tem with a ninety-five percent (95%) removalefficiency as documented by the manufactur-er. The face velocity at the filter shall notexceed two hundred fifty feet (250') perminute or that specified by the filter manu-facturer, whichever is less. Filters shall bereplaced according to the manufacturer’sschedule or whenever the pressure dropacross the filter no longer meets the manu-facturer’s recommendation;

G. Coating operations shall be con-ducted at least fifty feet (50') from the prop-erty line and at least two hundred fifty feet



(250') from any recreational area, residence,or other structure not occupied or used sole-ly by the owner or operator of the facility orthe owner of the property upon which thefacility is located;

H. The facility shall not be located inan ozone nonattainment area; and

I. Record keeping. The operator shallmaintain the following records and reports:

(I) All material safety data sheetsfor all coating materials and solvents;

(II) A monthly report indicating thedays the surface coating operation was inoperation and the total tons emitted duringthe month, and the calculation showing com-pliance with the rolling average emission lim-its of subparagraph (3)(B)3.D. of this rule;

(III) A set of example calculationsshowing the method of data reduction includ-ing units, conversion factors, assumptions,and the basis of the assumptions; and

(IV) These reports and recordsshall be immediately available for inspectionat the installation.

4. Livestock markets and livestock oper-ations. Any livestock market or livestockoperation including animal feeding operationsand concentrated animal feeding operationsas those terms are defined by 40 CFR122.23, that was constructed after November30, 2003, and operates in compliance withthe following conditions is permitted underthis rule. In addition, any manure storage andapplication system directly associated withthe livestock markets or livestock operationssuch that these manure storage and applica-tion systems are operated in compliance withthe following conditions are also permittedunder this rule:

A. All facilities shall implement thefollowing building cleanliness and ventilationpractices:

(I) Buildings shall be cleaned thor-oughly between groups of animals;

(II) Manure and spilled feed shallbe scraped from aisles on a regular basis, atleast once per week;

(III) Ventilation fans, louvers, andcowlings shall be regularly cleaned to preventexcessive buildup of dust, dirt, or otherdebris that impairs performance of the venti-lation system;

(IV) Air inlets shall be cleaned reg-ularly to prevent excessive buildup of dust,dirt, or other debris that reduces airflowthrough the inlets;

(V) Ceiling air inlets shall beadjusted to provide adequate airflow (basedon design ventilation rates) to the buildinginterior;

(VI) For high-rise structures, themanure storage area must include engineerednatural or mechanical ventilation. This venti-lation must be maintained and cleaned regu-

larly to prevent excessive buildup of dust,dirt, or other debris that impairs performanceof the ventilation system;

(VII) For deep-bedded structures,bedding and/or litter used in the animal liv-ing area must be maintained in a reasonablyclean condition. Indications that the beddingis not reasonably clean include extensive cak-ing, manure coating animals or birds, and theinability to distinguish bedding material frommanure. Bedding or litter with excessivemanure shall be removed and replaced withclean bedding or litter; and

(VIII) For automatic feed deliverysystems, feed lines shall have drop tubes thatextend into the feeder to minimize dust gen-eration;

B. All facilities shall implement the fol-lowing manure storage practices:

(I) Buildings with flush alleys,scrapers, or manure belts shall be operated toremove manure on a regular schedule, at leastdaily;

(II) Buildings with shallow pits,four feet (4') deep or less, shall be emptiedon a regular schedule, at least once everyfourteen (14) days;

(III) Feed, other than smallamounts spilled by the animals, shall not bedisposed of in the manure storage system;

(IV) All lagoons shall be regularlymonitored for solids buildup, at least onceevery five (5) years. Lagoon sludge shall beremoved and properly disposed of when thesludge volume equals the designed sludgevolume; and

(V) Manure compost piles orwindrows shall be turned or otherwise mixedregularly so that the temperature within thepile or windrow is maintained between onehundred five degrees Fahrenheit (105°F) andone hundred fifty degrees Fahrenheit(150°F);

C. The operator shall consider winddirection and velocity when conducting sur-face land application, and manure shall notbe applied within five hundred (500') feetfrom a downwind inhabited residence;

D. Dead animals shall not be dis-posed of in the manure storage system unlessthe system is specifically designed and man-aged to allow composting of dead animals.Dead animals shall be removed from build-ings daily; and

E. Record keeping. (Not Applicable)(C) Revocation.

1. A permit-by-rule may be revokedupon request of the operator or for cause.For purposes of this paragraph, cause forrevocation exists if—

(I) There is a pattern of unresolvedand repeated noncompliance with the condi-tions of the permit-by-rule and the operatorhas refused to take appropriate action (such

as a schedule of compliance) to resolve thenoncompliance;

(II) The operator has failed to pay acivil or criminal penalty imposed for viola-tions of the permit-by-rule; or

(III) It is determined through atechnical analysis that emissions from thesource interfere with the attainment or main-tenance of ambient air quality standards.

2. Upon revocation of a permit-by-rulethe operator shall obtain a permit, undergo-ing review under 10 CSR 10-6.060.

(4) Reporting and Record Keeping. In addi-tion to the original notification required byparagraph (3)(A)2. of this rule, operatorsshall maintain records containing sufficientinformation to demonstrate compliance withall applicable permit-by-rule requirements asspecified in subsection (3)(B) of this rule.These records shall be maintained at theinstallation for a minimum of five (5) years,and shall be made immediately available toinspectors upon their request. Operators shallalso report to the Air Pollution Control Pro-gram, no later than ten (10) days after the endof the month during which the operationexceeded any of the permit-by-rule condi-tions.


AUTHORITY: section 643.050, RSMo 2000.*Original rule filed March 5, 2003, effectiveOct. 30, 2003.


10 CSR 10-6.065 Operating Permits

PURPOSE: This rule defines air contaminantsources which are required to obtain operat-ing permits and establishes procedures forobtaining and complying with operating per-mits; it does not establish any air qualitystandards or guidelines.

(1) Applicability. (A) Part 70, Intermediate and Basic State

Installations. This rule shall apply to existing,modified, reconstructed and new installa-tions, whether part 70 intermediate or basicstate throughout Missouri.

(B) Incinerators. This rule shall apply toall incinerators.

(C) Exempt Installations and EmissionUnits. The following installations and emis-sion units are exempt from the requirementsof this rule unless such units are part 70 orintermediate installations or are located atpart 70 or intermediate installations. Emis-sions from exempt installations and emissionunits shall be considered when determining ifthe installation is a part 70 or intermediateinstallation:



1. Any installation that would berequired to obtain a permit solely because itis subject to 10 CSR 10-6.070(7)(AAA) Stan-dards of Performance for New ResidentialWood Heaters;

2. Any installation that would berequired to obtain a permit solely because itis subject to 10 CSR 10-6.240 or 10 CSR 10-6.250;

3. Single or multiple family dwellingunits for not more than three (3) families;

4. Comfort air conditioning or comfortventilating systems not designed or used toremove air contaminants generated by, orreleased from, specific units of equipment;

5. Equipment used for any mode oftransportation;

6. Livestock markets and livestock oper-ations, including animal feeding operationsand concentrated animal feeding operationsas those terms are defined by 40 CFR 122.23and all manure storage and application sys-tems associated with livestock markets orlivestock operations;

7. Restaurants and other retail establish-ments for the purpose of preparing food foremployee and guest consumption;

8. Fugitive dust controls unless a controlefficiency can be assigned to the equipmentor control equipment;

9. Equipment or control equipmentwhich eliminates all emissions to the ambientair;

10. Equipment, including air pollutioncontrol equipment, but not including ananaerobic lagoon, that emits odors but noregulated air pollutants;

11. Residential wood heaters, cook-stoves or fireplaces;

12. Laboratory equipment used exclu-sively for chemical and physical analysis orexperimentation is exempt, except equipmentused for controlling radioactive air contami-nants;

13. Recreational fireplaces;14. Stacks or vents to prevent the escape

of sewer gases through plumbing traps forsystems handling domestic sewage only. Sys-tems which include any industrial waste donot qualify for this exemption;

15. Combustion equipment that—A. Emits only combustion products;B. Produces less than one hundred

fifty (150) pounds per day of any air contam-inant; and

C. Has a maximum rated capacityof—

(I) Less than ten (10) millionBritish thermal units (Btus) per hour heatinput by using exclusively natural or liquefiedpetroleum gas, or any combination of these;or

(II) Less than one (1) million Btusper hour heat input;

16. Office and commercial buildings,where emissions result solely from spaceheaters using natural gas or liquefied petrole-um gas with a maximum rated capacity ofless than twenty (20) million Btus per hourheat input. Incinerators operated in conjunc-tion with these sources are not exempt;

17. Any country grain elevator thatnever handles more than 1,238,657 bushelsof grain during any twelve (12)-month periodand is not located within an incorporated areawith a population of fifty thousand (50,000)or more. A country grain elevator is definedas a grain elevator that receives more thanfifty percent (50%) of its grain from produc-ers in the immediate vicinity during the har-vest season. This exemption does not includegrain terminals which are defined as grainelevators that receive grain primarily fromother grain elevators. To qualify for thisexemption the owner or operator of the facil-ity shall retain monthly records of grain ori-gin and bushels of grain received, processedand stored for a minimum of five (5) years toverify the exemption requirements. Monthlyrecords must be tabulated within seven (7)days of the end of the month. Tabulatedmonthly records shall be made availableimmediately to Missouri Department of Nat-ural Resources representatives for anannounced inspection or within three (3)hours for an unannounced visit;

18. Sand and gravel operations that havea maximum capacity to produce less thanseventeen and one-half (17.5) tons of productper hour and use only natural gas as fuelwhen drying;

19. Noncommercial incineration of deadanimals, the on-site incineration of residentanimals for which no consideration isreceived or commercial profit is realized, asauthorized in section 269.020.6, RSMo2000; and

20. Any asphaltic concrete plant, con-crete batching plant or rock crushing plantthat can be classified as a portable equipmentinstallation, as defined in 10 CSR 10-6.020.

(D) Prohibitions. 1. After the effective date of this rule,

no person shall operate a part 70 installation,intermediate installation, or basic state instal-lation except in compliance with an operatingpermit issued by the permitting authority inaccordance with this rule.

2. Except as specified in this rule or inthe operating permit, it is not a violation ofthis rule for a permitted installation to beoperated in ways that are not addressed in,constrained by or prohibited by the operatingpermit.

(2) Definitions. (A) Air Pollutant—Agent, or combination

of agents, including any physical, chemical,biological, radioactive (including sourcematerial, special nuclear material andbyproduct material) substance or matterwhich is emitted into or otherwise enters theambient air. Such term includes any precur-sors to the formation of any air pollutant, tothe extent the staff director has identifiedsuch precursor(s) for the particular purposefor which the term “air pollutant” is used.

(B) Basic state installations—Installationswhich meet any of the following criteria, butare not part 70 installations:

1. Emit or have the potential to emit anyair pollutant in an amount greater than the deminimis levels. The fugitive emissions of aninstallation shall not be considered unless theinstallation belongs to one of the source cate-gories listed in to 10 CSR 10-6.020(3)(B),Table 2; or

2. Either of the following criteria, pro-vided the U.S. EPA administrator hasdeferred a decision on whether the installa-tion would be subject to part 70:

A. Are subject to a standard, limita-tion or other requirement under section 111of the Act, including area sources subject toa standard, limitation or other requirementunder section 111 of the Act; or

B. Are subject to a standard or otherrequirement under section 112 of the Act,except that a source is not required to obtaina permit solely because it is subject to rulesor requirements under section 112(r) of theAct, including area sources subject to a stan-dard or other requirement under section 112of the Act, except that an area source is notrequired to obtain a permit solely because itis subject to regulations or requirementsunder section 112(r) of the Act.

(C) Intermediate installations are part 70installations that become basic state installa-tions based on their potential to emit byaccepting the imposition of voluntarily agreedto federally-enforceable limitations on thetype of materials combusted or processed,operating rates, hours of operation, or emis-sion rates more stringent than those otherwiserequired by rule or regulation.

(D) Part 70 installations—Installations towhich the part 70 operating permit require-ments of this rule apply, in accordance withthe following criteria:

1. They emit or have the potential toemit, in the aggregate, ten (10) tons per year(tpy) or more of any hazardous air pollutant,other than radionuclides, or twenty-five (25)tpy or more of any combination of these haz-ardous air pollutants or such lesser quantityas the administrator may establish by rule.Notwithstanding the preceding sentence,emissions from any oil or gas exploration or



production well (with its associated equip-ment) and emissions from any pipeline com-pressor or pump station shall not be aggre-gated with emissions from other similarunits, whether or not these units are in a con-tiguous area or under common control, todetermine whether these units or stations aresubject installations. For sources of radionu-clides, the criteria shall be established by theadministrator;

2. They emit or have the potential toemit one hundred (100) tpy or more of any airpollutant, including all fugitive air pollutants.The fugitive emissions of an installation shallnot be considered unless the installationbelongs to one of the source categories listedin 10 CSR 10-6.020(3)(B), Table 2;

3. They are located in nonattainmentareas or ozone transport regions.

A. For ozone nonattainment areas,sources with the potential to emit one hun-dred (100) tpy or more of volatile organiccompounds or oxides of nitrogen in areasclassified as “marginal” or “moderate,” fifty(50) tpy or more in areas classified as “seri-ous,” twenty-five (25) tpy or more in areasclassified as “severe,” and ten (10) tpy ormore in areas classified as “extreme”; exceptthat the references in this paragraph to onehundred (100), fifty (50), twenty-five (25)and ten (10) tpy of nitrogen oxides shall notapply with respect to any source for whichthe administrator has made a finding, undersection 182(f)(1) or (2) of the Act, thatrequirements under section 182(f) of the Actdo not apply;

B. For ozone transport regions estab-lished pursuant to section 184 of the Act,sources with the potential to emit fifty (50)tpy or more of volatile organic compounds;

C. For carbon monoxide nonattain-ment areas that are classified as “serious,”and in which stationary sources contributesignificantly to carbon monoxide levels asdetermined under rules issued by the admin-istrator, sources with the potential to emitfifty (50) tpy or more of carbon monoxide;and

D. For particulate matter less than ten(10) micrometers (PM10) nonattainment areasclassified as “serious,” sources with thepotential to emit seventy (70) tpy or more ofPM10;

4. They are affected sources under TitleIV of the 1990 Act;

5. They are solid waste incinerators sub-ject to section 129(e) of the Act;

6. Any installation in a source categorydesignated by the administrator as a part 70source pursuant to 40 CFR 70.3; and

7. Installations that would be part 70sources strictly due to the following criteriaare not subject to part 70 source requirements

until the administrator subjects this installa-tion to these requirements by rule:

A. They are subject to a standard,limitation or other requirement under section111 of the Act, including area sources; or

B. They are subject to a standard orother requirement under section 112 of theAct, except that a source, including an areasource, is not required to obtain a permitsolely because it is subject to rules orrequirements under section 112(r) of the Act.

(E) Definitions of certain terms specifiedin this rule, other than those defined in thisrule section, may be found in 10 CSR 10-6.020.

(3) Single, Multiple or General Permits. (A) Pursuant to this section, an installation

must have a permit (or group of permits)addressing all applicable requirements for allemissions units in the installation. An instal-lation may comply with this subsectionthrough any one (1) of the following methods:

1. The installation may apply for a sin-gle permit covering all emissions units locat-ed within a contiguous area under commoncontrol (whether or not the installation fallsunder the same two (2)-digit Standard Indus-trial Code (SIC));

2. The installation may apply for sepa-rate permits for separate emissions units orgroups of emissions units; or

3. The installation may apply for cover-age for one (1) or more emissions units eligi-ble for permitting under a general permitissued by the permitting authority, and obtaina separate permit(s) for emissions units noteligible for general permit coverage.

4. When determining operating permitclassification (part 70, intermediate or basicstate), the installation shall calculate thepotential to emit for the entire installation andall multiple permits shall be subject to thesame operating permit classification.

5. Notwithstanding, if the installation isa basic installation and is subject to 40 CFRpart 63, subpart EEE, National EmissionStandard for Hazardous Air Pollutants fromHazardous Waste Combustors, the installa-tion has the option of obtaining a part 70permit for the entire installation or a part 70permit for the emission unit subject to themaximum achievable control technology(MACT) and a basic for the rest of the instal-lation. However, the part 70 permit for theaffected emission unit must incorporate allapplicable requirements that apply to haz-ardous waste combustion devices, not justthose in 40 CFR part 63, subpart EEE.

(4) Basic State Operating Permits. (A) Applicability. All basic state installa-

tions are subject to this section.

(B) Notifications. The installation shall filea notification with the permitting authority.The following schedules apply:

1. Initial notifications. All basic stateinstallations shall file complete operating per-mit notifications by May 1998;

2. Subsequent notifications. Any instal-lation that becomes subject to this section atany time after May 1998 shall file a completeoperating permit notification no later thanthirty (30) days after commencement of oper-ations;

3. Renewal notifications. Installationssubject to this section shall file completeoperating permit notifications for operatingpermit renewal at least six (6) months beforethe date the current operating permit expires;

4. Notwithstanding the deadlines estab-lished in this subsection, a complete operat-ing permit notification filed at any time shallbe received for processing; and

5. Starting March 30, 2005, all installa-tions that have an active initial or renewalnotification—accepted or with a receiptstamp—shall be deemed to be accepted andsubject to the respective expiration date onthe notification.

(C) Notifications Review. 1. After the permitting authority

receives an operating permit notification,they shall perform a completeness andapplicable requirements verification reviewand, if the notification is determined to becomplete, shall inform the notifier that theoperating permit is accepted. The permittingauthority will return a copy to the notifierstamped accepted with an expiration date.This copy will be kept at the installation towhich the notification pertains.

2. If the permitting authority determinesthat an operating permit notification is notcomplete, they shall inform the notifierpromptly of the deficiencies in the notifica-tion and shall specifically describe requiredrevisions to the operating permit notification.

(D) Confidential Information. Operatingpermit notifiers may make claims of confi-dentiality pursuant to 10 CSR 10-6.210, forinformation submitted pursuant to this sec-tion.

(E) Filing Fee. Each operating permit noti-fication must be accompanied by a one hun-dred dollar ($100) filing fee, except foradministrative permit amendments as definedin subparagraph (4)(M)1.A. of this rule.

(F) Certification by Responsible Official.Operating permit notifications and compli-ance reports required under this section shallbe signed and certified by a responsible offi-cial that the information contained in them istrue, accurate and complete based on infor-mation and belief formed after reasonableinquiry.



(G) Notification Contents. The permittingauthority shall prepare and make available toall basic state installations subject to this sec-tion an operating permit notification form(s).The operating permit notification form(s)shall require a general description of theinstallation, all applicable emission limita-tions and control requirements for each emis-sions unit at the installation to be permittedand a reference to the respective emissionpoint numbers in the Emission InventoryQuestionnaire (EIQ). The notification alsoshall require a statement of the installation’scompliance status with respect to theserequirements and a commitment regardingthe installation’s plans to either attain com-pliance with these requirements within thetime allowed by law or maintain compliancewith these requirements during the operatingpermit period.

(H) General Permits. Installations mayapply to operate under any applicable gener-al permit.

1. Issuance of general permits. Generalpermits covering similar installations may beissued by the permitting authority. Basicinstallation operating permits are not requiredto have public participation; however, citizensmay appeal any action of the director. Thegeneral permit shall indicate a reasonabletime after which an installation that has sub-mitted an application for authorization will bedeemed to be authorized to operate under thegeneral permit. A general permit shall identi-fy criteria by which installations may beauthorized to operate under the general per-mit. This criteria must include the following:

A. Categories of sources covered bythe general permit must be homogeneous interms of operations, processes and emissions;

B. Sources may not be subject to case-by-case standards or requirements; and

C. Sources must be subject to sub-stantially similar requirements governingoperations, emissions, monitoring, reportingand record keeping.

2. Applications. The permitting authori-ty shall provide application forms for cover-age under a general permit. General permitapplications may deviate from individual per-mit applications but shall include all informa-tion necessary to determine qualification for,and to assure compliance with, the generalpermit. The permitting authority shall autho-rize coverage by the conditions and terms ofa general permit to all installations that applyfor and qualify under the specified generalpermit criteria. Installations applying for cov-erage under a general permit must complywith all the requirements of this rule, exceptpublic participation requirements.

3. Enforcement. The source shall besubject to enforcement actions for operatingwithout an operating permit if it is deter-

mined later that the source does not qualifyfor the conditions and terms of the generalpermit, regardless of any application shieldprovisions.

(I) Compliance Reporting. Operating per-mit notification forms provided by the per-mitting authority shall include a compliancereporting requirement, which shall require abrief compliance report every five (5) years.

(J) Operating Permit Period. Each operat-ing permit under this section shall be effec-tive for a period of five (5) years. The permitterm shall commence on the date of accept-ance.

(K) Off-Permit Changes. Except as pro-vided in paragraph (4)(L)1. of this rule, abasic state permitted installation may makeany change in its permitted operations, activ-ities or emissions that are not addressed in,constrained by or prohibited by the permitwithout obtaining a permit revision. Insignif-icant activities not addressed in or prohibitedby the permit, shall not be considered to beconstrained by the permit for purposes of theoff-permit provisions of this section. Off-permit changes shall be subject to the follow-ing requirements and restrictions:

1. Compliance with applicable require-ments. The change must meet all applicablerequirements of the Act and may not violateany existing permit term or condition; no per-mittee may change a permitted installationwithout a permit revision, even if the changeis not addressed in or constrained by the per-mit, if this change is subject to any require-ments under Title IV of the Act or is a Title Imodification;

2. Contemporaneous notice, exceptinsignificant activities. The permittee mustprovide contemporaneous written notice ofthe change to the permitting authority. Thisnotice shall not be required for changes thatare insignificant activities under paragraph(6)(B)3. of this rule. This written notice shalldescribe each change, including the date, anychange in emissions, pollutants emitted andany applicable requirement that would applyas a result of the change. Construction per-mit determinations requested of the permit-ting authority and/or construction permitsobtained under 10 CSR 10-6.060 shall bedeemed to be contemporaneous notice; and

3. Records of changes. The permitteeshall keep a record describing all changesmade at the installation that result in emis-sions of a regulated air pollutant subject to anapplicable requirement and the emissionsresulting from these changes.

(L) Operating Permit Amendments andModifications.

1. Administrative permit amendments.A. An administrative permit amend-

ment for a basic state permit is a permit revi-sion that—

(I) Identifies a change in the name,address, or phone number of any person iden-tified in the permit or provides a similarminor administrative change at the installa-tion; or

(II) Allows for change in ownershipor operational control of an installation whereno other change in the permit is necessary,provided that a written agreement containinga specific date for transfer of permit respon-sibility, coverage and liability between thecurrent and new permittee is submitted to thepermitting authority.

B. Procedures.(I) The permittee shall request an

administrative permit amendment by letterwith certification by the responsible official.

(II) The permitting authority shalltake final action on a request for an adminis-trative permit amendment within sixty (60)days after receipt of the request.

(III) The installation may imple-ment the changes addressed in a request foran administrative permit amendment immedi-ately upon submittal of the request.

2. Operating permit modifications.Whenever an operating permit notifier orbasic state installation determines, at anytime after an operating permit notificationhas been submitted or an operating permitnotification has been accepted by the permit-ting authority, that the notification or operat-ing permit contains false, misleading, incor-rect or incomplete information, the owner oroperator of the installation shall submit anamendment to the notification or operatingpermit promptly to the permitting authority.Whenever the permitting authority deter-mines that an operating permit fails to includeor inadequately implements any applicablerequirement, including any new requirementpromulgated after the permitting authority’sacceptance of the operating permit, the per-mitting authority shall inform the installationof this requirement and direct the installationto prepare and submit a notification or oper-ating permit amendment.

(M) Compliance Demonstrations. The per-mitting authority, at any time when an oper-ating permit notification is pending or afteran operating permit has been accepted, mayrequire the installation to demonstrate com-pliance with applicable requirements. If theinstallation fails to comply with this request,or fails to demonstrate compliance, the instal-lation will be subject to the same enforcementprovisions as established under the part 70state operating permits of section (6) of thisrule.

(N) State Enforcement. All terms of anoperating permit shall be enforceable by thepermitting authority. The permitting authori-ty is authorized, for enforcement purposes, toenter and inspect basic state installations at



reasonable times and upon the presentation ofproper credentials. The owner or operatorwill provide the representative of the permit-ting authority the stamped copy of the oper-ating permit notification or general permitupon entry.

(O) Federal Enforceability. Any terms ofan accepted operating permit which are basedon applicable requirements contained in thefederally-approved State Implementation Plan(SIP) or any other federal applicable require-ments are federally enforceable.

(P) Operational Flexibility. Nothing in thissection shall be construed to inhibit the oper-ation of a basic state installation with respectto any operations, activities or emissions notaddressed in, constrained by or prohibited bythe operating permit accepted by the permit-ting authority.

(Q) Public Availability. Operating permitnotifications, accepted operating permits andcompliance reports under this section shall bemaintained in a file available to the public forinspection and copying, except to the extentconfidential treatment has been granted at therequest of the basic state installation.

(R) Construction Permits or Authoriza-tions Not Affected. The requirements of thissection shall not affect the obligation of anybasic state installation to obtain a permit orauthorization for any construction activity atthe basic state installation which is subject to10 CSR 10-6.060 Construction PermitsRequired.

(5) Intermediate State Operating Permits. (A) Applicability. All intermediate installa-

tions are subject to the requirements of thissection.

(B) Permit Notification/Applications.1. Timely notification/applications.

A. All notifications/applications willbe submitted in duplicate. Intermediateinstallations shall file initial notifications/ap-plications on the following schedule:

(I) Initial notification. All installa-tions shall file complete notifications by July1996, with one (1) exception allowed as fol-lows: Intermediate installations that haveactual emissions (as defined in 10 CSR 10-6.020(2)(A)4.) less than fifty percent (50%)of the part 70 installation threshold levels(refer to the definition section of this rule forpart 70 installation threshold levels) shall filecomplete notifications by May 1997;

(II) Subsequent application.(a) Any installation that becomes

subject to this section at any time betweenJuly 1996 and March 2005, shall file a com-plete application no later than thirty (30) daysafter the commencement of operations.

(b) Any installation that becomessubject to this section at any time followingMarch 2005, shall file a complete application

no later ninety (90) days after the commence-ment of operations.

(c) If an installation already hasan issued part 70 operating permit, the instal-lation is subject to the requirements of thepart 70 operating permit and intermediateapplication until the intermediate permit isissued and the part 70 operating permit is ter-minated;

(III) Renewal application. Installa-tions subject to this section shall file com-plete applications for renewal of the operatingpermits at least six (6) months before the dateof permit expiration. In no event shall thistime be greater than eighteen (18) months;

(IV) Unified review. An installationsubject to this section required to have a con-struction permit under 10 CSR 10-6.060 maysubmit a complete application for an operat-ing permit or permit modification for concur-rent processing as a unified review. An oper-ating permit submitted for concurrentprocessing shall be submitted with the appli-cant’s construction permit application, or at alater time as the permitting authority mayallow, provided that the total review perioddoes not extend beyond eighteen (18) months.An installation that is required to obtain aconstruction permit under 10 CSR 10-6.060and that, in writing has not chosen to under-go unified review, shall file a complete oper-ating permit application, permit amendmentor modification application separate from theconstruction permit application within ninety(90) days after commencing operation; and

(V) Application/notification expira-tions. Starting March 30, 2005—

(a) Installations that have anactive initial or renewal application with areceipt stamp shall:

I. Be deemed to have submit-ted the initial or renewal application; and

II. Submit a renewal applica-tion, as identified in paragraph (5)(B)3. ofthis rule, six to eighteen (6–18) months priorto the expiration date of the permit issuedaccording to subsection (5)(E) of this rule.

(b) Installations that have anaccepted notification shall submit a renewalapplication as identified in paragraph(5)(B)3. of this rule, six to eighteen (6–18)months prior to the expiration date.

(c) Installations that have an ini-tial or renewal notification—accepted or witha receipt stamp, but that is expired—shall stillsubmit a renewal application as identified inparagraph (5)(B)3. of this rule.

(VI) Notwithstanding the deadlinesestablished in this subsection, a complete ini-tial notification/application filed at any timeshall be accepted for processing.

B. Complete application.(I) The permitting authority shall

review each application for completeness and

shall inform the applicant within sixty (60)days if the application is not complete. Inorder to be complete, an application mustinclude a completed application form and, tothe extent not called for by the form, theinformation required in paragraph (5)(B)3. ofthis rule.

(II) If the permitting authority doesnot notify the installation within sixty (60)days after receipt that its application is notcomplete, the application shall be deemedcomplete. However, nothing in this subsec-tion shall prevent the permitting authorityfrom requesting additional information that isreasonably necessary to process the applica-tion.

(III) The permitting authority shallmaintain a checklist to be used for the com-pleteness determination. A copy of the check-list identifying the application’s deficienciesshall be provided to the applicant along withthe notice of incompleteness.

(IV) If, while processing an appli-cation that has been determined or deemed tobe complete, the permitting authority deter-mines that additional information is neces-sary to evaluate or take final action on thatapplication, the permitting authority mayrequest this additional information be in writ-ing. In requesting this information, the per-mitting authority shall establish a reasonabledeadline for a response.

(V) In submitting an application forrenewal of an operating permit, the applicantmay identify terms and conditions in the pre-vious permit that should remain unchanged,and may incorporate by reference those por-tions of the existing permit (and the permitapplication and any permit amendment ormodification applications) that describe prod-ucts, processes, operations and emissions towhich those terms and conditions apply. Theapplicant must identify specifically and listwhich portions of the previous permit orapplications, or both, are incorporated by ref-erence. In addition, a permit renewal applica-tion must contain—

(a) Information specified in para-graph (5)(B)3. of this rule for those products,processes, operations and emissions—

I. That are not addressed inthe existing permit;

II. That are subject to applica-ble requirements which are not addressed inthe existing permit; or

III. For which the applicantseeks permit terms and conditions that differfrom those in the existing permit; and

(b) A compliance plan and certi-fication as required in parts(6)(B)3.I.(I)–(IV) and subparagraph (6)(B)3.J. of this rule.

C. Confidential information. Anapplicant may make claims of confidentiality



pursuant to 10 CSR 10-6.210, for informa-tion submitted pursuant to this section. Theapplicant shall also submit a copy of thisinformation directly to the administrator, ifthe permitting authority requests that theapplicant do so.

D. Filing fee. Each operating permitapplication must be accompanied by a onehundred dollar ($100) filing fee, except foradministrative permit amendments.

2. Duty to supplement or correct appli-cation. Any applicant who fails to submitany relevant facts, or who has submittedincorrect information in a permit application,upon becoming aware of this failure or incor-rect submittal, shall promptly submit supple-mentary facts or corrected information. Inaddition, an applicant shall provide addition-al information, as necessary, to address anyrequirements that become applicable to theinstallation after the date an application isdeemed complete, but prior to issuance orvalidation of the permit, whichever is later.

3. Standard application form andrequired information. The permitting author-ity shall prepare and make available to allintermediate installations subject to this sec-tion an operating permit application form(s).The operating permit application form(s)shall require a general description of theinstallation and the installation’s processesand products, emissions-related information,and all applicable emission limitations andcontrol requirements for each emissions unitat the installation to be permitted. The notifi-cation also shall require a statement of theinstallation’s compliance status with respectto these requirements and a commitmentregarding the installation’s plans to eitherattain compliance with these requirementswithin the time allowed by law or maintaincompliance with these requirements duringthe operating permit period. An applicantshall submit an application package consist-ing of the standard application form, emis-sion inventory questionnaire, complianceplan and compliance certification as identi-fied in subparagraphs (6)(B)3.A.–H., parts(6)(B)3.I.(I)–(IV) and subparagraph(6)(B)3.J. of this rule.

4. Certification by responsible official.Any application form, report or compliancecertification submitted pursuant to this ruleshall contain certification by a responsibleofficial of truth, accuracy and completeness.This certification, and any other certificationshall be signed by a responsible official andshall contain the following language. “I cer-tify, based on information and belief formedafter reasonable inquiry, the statements andinformation in the document are true, accu-rate and complete.”

5. Single, multiple or general permits.Pursuant to section (5) of this rule, an instal-

lation must have a permit (or group of per-mits) addressing all applicable requirementsfor all emission units in the installation. Aninstallation may comply with this subsectionthrough any one of the methods identified inparagraphs (3)(A)1.–4. of this rule.

(C) Permit Content.1. Standard permit requirements. Every

operating permit issued pursuant to thissection shall contain all requirements applic-able to the installation at the time of issuance,as identified in parts (6)(C)1.A.(I) and(III), subparagraphs (6)(C)1.B. and D.,part (6)(C)1.C.(I), subpart (6)(C)1.C.(II)(a),item (6)(C)1.C.(II)(b)I., subparts(6)(C)1.C.(III)(d) and (e), subparagraphs(6)(C)3.A. through D., and paragraphs(6)(C)5. and 7. of this rule.

A. General requirements. (I) The permittee must comply with

all the terms and conditions of the permit.Any noncompliance with a permit conditionconstitutes a violation and is grounds forenforcement action, permit termination, per-mit revocation and reissuance, permit modifi-cation or denial of a permit renewal applica-tion. Note: The grounds for termination of apermit under this part of the rule are the sameas the grounds for revocation as stated in part(6)(E)8.A.(I) of this rule.

(II) It shall not be a defense in anenforcement action that it would have beennecessary for the permittee to halt or reducethe permitted activity in order to maintaincompliance with the conditions of the permit.

(III) The permit may be modified,revoked, reopened, reissued or terminated forcause. Except as provided for minor permitmodifications, the filing of an application orrequest for a permit modification, revocationand reissuance, or termination, or the filingof a notification of planned changes or antic-ipated noncompliance, does not stay any per-mit condition.

(IV) The permit does not conveyany property rights of any sort, or grant anyexclusive privilege.

(V) The permittee shall furnish tothe permitting authority, upon receipt of awritten request and within a reasonable time,any information that the permitting authorityreasonably may require to determine whethercause exists for modifying, reopening, reissu-ing or revoking the permit or to determinecompliance with the permit. Upon request,the permittee also shall furnish to the permit-ting authority copies of records required to bekept by the permittee. The permittee maymake a claim of confidentiality for any infor-mation or records submitted under this para-graph of this rule.

(VI) Failure to comply with thelimitations and conditions that qualify theinstallation for an intermediate permit make

the installation subject to the provisions ofsection (6) of this rule and enforcementaction for operating without a valid part 70operating permit.

B. Reporting requirements. Withrespect to reporting, the permit shall incor-porate all applicable reporting requirementsand require the following:

(I) The frequency the permitteeshall submit a report of any required moni-toring. To the extent possible, the schedulefor submission of these reports shall be timedto coincide with other periodic reportsrequired of the permittee;

(II) Each report submitted underpart (5)(C)1.B.(I) of this rule shall identifyany deviations from permit requirement,since the previous report, that have beenmonitored by the monitoring systemsrequired under the permit, and any deviationsfrom the monitoring, record keeping andreporting requirements of the permit;

(III) In addition to annual monitor-ing reports, each permittee shall be requiredto submit supplemental reports as indicatedin subpart (6)(C)1.C.(III)(c) of this rule. Allreports of deviations shall identify the causeor probable cause of the deviations and anycorrective actions or preventative measurestaken and follow the procedures identified insubpart (6)(C)1.C.(III)(c) of this rule.

C. Reasonably anticipated operatingscenarios. The permit shall include terms andconditions for reasonably anticipated operat-ing scenarios identified by the applicant andapproved by the permitting authority. Thepermit shall authorize the permittee to makechanges among alternative operating scenar-ios authorized in the permit without notice,but shall require the permittee, contempora-neous with changing from one (1) operatingscenario to another, to record in a log at thepermitted installation the scenario underwhich it is operating.

2. Federally-enforceable conditions.Any voluntary provisions issued under thissection of the rule, designed to limit an instal-lation’s potential to emit, shall be designatedfederally-enforceable by the permittingauthority. Any terms and conditions so desig-nated are required to—

A. Be at least as stringent as any otherapplicable limitations and requirements con-tained in the implementation plan or enforce-able under the implementation plan. The per-mitting authority may not waive or make lessstringent any limitations or requirements con-tained in the implementation plan, or that areotherwise federally-enforceable (for example,standards established under sections 111 or112 of the Act) in the operating permit;



B. Be permanent, quantifiable andotherwise enforceable as a practical matter;and

C. Follow the public participationprocedures of section (7) of this rule.

3. Compliance certification. The permitmust include requirements for certification ofcompliance with terms and conditions con-tained in the permit that are federallyenforceable, including emissions limitations,standards or work practices. The permit shallspecify the information identified in subparts(6)(C)3.E.(I)–(III) and (V)–(VI) of this rule.

4. General permits. Installations mayapply to operate under any general permit.

A. Issuance of general permits. Gen-eral permits covering similar installationsmay be issued by the permitting authorityafter notice and opportunity for public partic-ipation under section (7). The general permitshall indicate a reasonable time after whichan installation that has submitted an applica-tion for authorization will be deemed to beauthorized to operate under the general per-mit. A general permit shall identify criteriaby which installations may be authorized tooperate under the general permit. This crite-ria must include the following:

(I) Categories of sources coveredby the general permit must be homogeneousin terms of operations, processes and emis-sions;

(II) Sources may not be subject tocase-by-case standards or requirements; and

(III) Sources must be subject tosubstantially similar requirements governingoperations, emissions, monitoring, reportingand record keeping.

B. Applications. The permittingauthority shall provide application forms forcoverage under a general permit. Generalpermit applications may deviate from individ-ual permit applications but shall include allinformation necessary to determine qualifica-tion for, and to assure compliance with, thegeneral permit. The permitting authorityshall authorize coverage by the conditions andterms of a general permit to all installationsthat apply for and qualify under the specifiedgeneral permit criteria. Installations applyingfor coverage under a general permit mustcomply with all the requirements of this rule,except public participation requirements.

C. Public participation. Althoughpublic participation under section (7) of thisrule is necessary for the issuance of a gener-al permit, the permitting authority mayauthorize an installation to operate undergeneral permit terms and conditions withoutrepeating the public participation procedures.

D. Enforcement. The source shall besubject to enforcement actions for operating

without an operating permit if it is deter-mined later that the source does not qualifyfor the conditions and terms of the generalpermit.

5. Off-permit changes. Except as pro-vided in subparagraph (5)(C)5.A. of thisrule, an intermediate permitted installationmay make any change in its permitted instal-lation’s operations, activities or emissionsthat is not addressed in, constrained by orprohibited by the permit without obtaining apermit revision. Off-permit changes shall besubject to the following requirements andrestrictions:

A. Compliance with applicablerequirements. The change must meet allapplicable requirements of the Act and maynot violate any existing permit term or condi-tion; no permittee may change a permittedinstallation without a permit revision, even ifthe change is not addressed in or constrainedby, the permit, if this change is a Title I mod-ification. Please Note: Changes at the instal-lation which affect the emission limitation(s)classifying the installation as an intermediatesource (add additional equipment to therecord keeping requirements, increase theemissions above major source level) do notqualify for off-permit changes.

B. Contemporaneous notice. The per-mittee must provide contemporaneous writtennotice of the change to the permitting author-ity and to the administrator. This writtennotice shall describe each change, includingthe date, any change in emissions, pollutantsemitted and any applicable requirement thatwould apply as a result of the change; and

C. Record of changes. The permitteeshall keep a record describing all changesmade at the installation that result in emis-sions of a regulated air pollutant subject to anapplicable requirement and the emissionsresulting from these changes.

6. Federal enforceability. Any terms ofan issued operating permit which are basedon applicable requirements contained in thefederally-approved State Implementation Plan(SIP) or any other applicable federal require-ments are federally enforceable.

(D) Unified Review. The installation shallsubmit the operating permit application andunified review shall follow the proceduresidentified in subsection (6)(D) of this rule.

(E) Permit Issuance, Renewal, Reopeningsand Revisions. The complete intermediateoperating permit, permit modification or per-mit renewal applications and permits shall besubject to the criteria identified in paragraphs(6)(E)4. and 8.–11. of this rule.

1. Action on application. A. The intermediate operating per-

mit, permit modification or permit renewal

applications shall follow the procedures iden-tified in subparagraphs (6)(E)1.A.–C. and G.of this rule.

B. Except as provided in this subsec-tion of the rule, the permitting authority shalltake final action on each application for anintermediate operating permit within eighteen(18) months after receiving a complete appli-cation. Final action on each application for asignificant permit modification or permitrenewal shall be taken within six (6) monthsafter receipt of a complete application. Forrenewals, the installation shall remain subjectto the conditions of the current permit untilthe renewal permit is issued. New sources aresubject to section (6) of this rule until anintermediate permit is issued, even if the per-mitting authority does not act within the timeframes specified in this rule. For each appli-cation the permitting authority shall submit adraft permit for public participation undersection (7) of this rule no later than thirty(30) days before the deadline for final actionestablished in this section.

C. Following the end of the publiccomment period, the permitting authorityshall issue or deny the permit, permit modi-fication or permit renewal.

2. Permit renewal and expiration.A. Renewal application requirements.

Applications for permit renewals shall besubject to the same procedural requirements,including public participation and affectedstate comment, that apply to initial permitissuance. The permitting authority, in issuinga permit or renewal permit, may identifythose portions that are proposed to berevised, supplemented or deleted.

B. Timely application. An installa-tion’s right to operate shall terminate uponthe expiration of the permit, unless a com-plete permit renewal application is submittedat least six (6) months before the date of expi-ration, or unless the permitting authoritytakes final action approving an application fora permit renewal by the expiration date.

C. Extension of expired permits. If atimely and complete application for a permitrenewal is submitted, but the permittingauthority fails to take final action to issue ordeny the renewal permit before the end of theterm of the previous permit, the previous per-mit shall not expire until the renewal permitis issued or denied.

3. Operating permit amendments/modi-fications.

A. Administrative permit amend-ments are defined and shall follow the proce-dures identified in subparagraphs (6)(E)4.A.and C. of this rule.



B. Permit modifications are defined asany revision to an intermediate operating per-mit which is not an administrative permitamendment under subparagraph (5)(E)2.A.of this rule. An applicant for a permit modi-fication shall adhere to all the relevantrequirements for an initial permit applicationunder section (5) of this rule, as well asrequirements for public participation undersection (7) of this rule, except—

(I) The applicant should use theform for a permit modification application,rather than the form for an initial permitissuance; and

(II) The permitting authority willcomplete review of the permit modificationapplications within nine (9) months afterreceipt of a complete application.

4. Reopening permits for cause.A. Cause to reopen. An intermediate

operating permit shall be reopened for causeif:

(I) The permitting authority deter-mines that the permit contains a material mis-take or that inaccurate statements were madein establishing the emissions limitations stan-dards or other terms of the permit;

(II) Additional applicable require-ments under the Act become applicable to theinstallation; however, reopening on thisground is not required as identified in sub-parts (6)(E)6.A.(III)(a)–(c) of this rule; or

(III) The permitting authority orthe administrator determines that the permitmust be reopened and revised to assure com-pliance with applicable requirements.

B. The notices, procedures forissuance and deadlines will follow the criteriain subparagraphs (6)(E)6.B.–D. and F. of thisrule.

(F) Permit Review by the Administratorand Affected States.

1. Notice of draft actions. The permit-ting authority will give notice of each draftpermit, modified permit and renewed permitto the administrator and any affected state on,or before, the time that the permitting author-ity provides notice to the public, except in thecase of minor permit modifications. Theadministrator and affected states may com-ment on the draft permit action during theperiod allowed for public comment, as shallbe set forth in a notice to the administratorand affected states.

2. Written response to comments. Thepermitting authority will provide a writtenresponse to the public comments receivedfrom the administrator and affected states tothe installation and all other parties whichsubmitted comments during the public com-ment period as described in section (7) of thisrule prior to issuing the operating permit.

(6) Part 70 Operating Permits. (A) Applicability. All part 70 installations

are subject to this section. (B) Permit Applications.

1. Duty to apply. A. Timely application.

(I) Part 70 installations shall fileinitial applications on the following schedule:

(a) The permit registry. I. The permitting authority

shall create and maintain a permit issuanceregistry that part 70 installations may apply inwriting to be placed on. The request mustidentify a specific year of initial issuance.The registry will identify by year when thepermitting authority expects to issue theoperating permit.

II. The registry will beopened for three (3) months after the effec-tive date of this rule. The registry will befilled on a first-come, first-served basis,judged by the stamped “Received” date bythe permitting authority.

III. The permitting authoritywill assign installations that do not make aspecific request to the registry at the permit-ting authority’s discretion as necessary tomeet a one-third (1/3) per year for three (3)years permit issuance schedule following theadministrator’s approval of the operating per-mit program.

IV. The permitting authoritymay exercise discretion in reassigning appli-cants on the registry by accepting applicantsafter the close of the registry, and taking intoconsideration staff resources, complexity ofapplicant’s operations, distribution of multi-ple installations under common control, andamount and nature of the air contaminants;and

(b) Initial application submittalschedule.

I. Installations scheduled toreceive their operating permit within the firstyear of the registry shall file complete appli-cations by July 1996.

II. All other installationsshall file complete applications by May 1996.

(II) Any installation that becomessubject to this section after May 9, 1994,shall file a complete application no later thantwelve (12) months following either theadministrator’s approval of the operating per-mit program or the commencement of opera-tions, whichever is later.

(III) A complete initial applicationfiled at any time shall be accepted for pro-cessing. However, acceptance of an applica-tion does not relieve the applicant of his/herliability for submitting an untimely applica-tion.

(IV) An installation subject to thissection required to meet section 112(g) of theAct, or to have a construction permit under

10 CSR 10-6.060 may submit a completeapplication for an operating permit or permitmodification for concurrent processing as aunified review. An operating permit applica-tion submitted for concurrent processing shallbe submitted with the applicant’s construc-tion permit application, or at a later time asthe permitting authority may allow, providedthat the total review period does not extendbeyond eighteen (18) months. An installationthat is required to obtain a construction per-mit under 10 CSR 10-6.060 and who, in writ-ing has not chosen to undergo unified review,shall file a complete operating permit appli-cation, permit amendment or modificationapplication separate from the constructionpermit application within twelve (12) monthsafter commencing operation.

(V) Installations subject to this sec-tion shall file complete applications forrenewal of the operating permits at least six(6) months before the date of permit expira-tion. In no event shall this time be greaterthan eighteen (18) months.

(VI) Installations subject to thissection required to submit applications forinitial phase II acid rain permits shall submitcomplete applications to the permittingauthority by January 1, 1996, for sulfur diox-ide, and by January 1, 1998 for nitrogenoxides.

B. Complete application. (I) The permitting authority shall

review each application for completeness andshall inform the applicant within sixty (60)days if the application is not complete. Inorder to be complete, an application mustinclude a completed application form and, tothe extent not called for by the form, theinformation required in paragraph (6)(B)3. ofthis rule.

(II) If the permitting authority doesnot notify the installation within sixty (60)days after receipt that its application is notcomplete, the application shall be deemedcomplete. However, nothing in this subsec-tion shall prevent the permitting authorityfrom requesting additional information that isreasonably necessary to process the applica-tion.

(III) The permitting authority shallmaintain a checklist to be used for the com-pleteness determination. A copy of the check-list identifying the application’s deficienciesshall be provided to the applicant along withthe notice of incompleteness.

(IV) If, while processing an appli-cation that has been determined or deemed tobe complete, the permitting authority deter-mines that additional information is neces-sary to evaluate or take final action on thatapplication, the permitting authority may



request this additional information be in writ-ing. In requesting this information, the per-mitting authority shall establish a reasonabledeadline for a response.

(V) In submitting an application forrenewal of an operating permit, the applicantmay identify terms and conditions in the pre-vious permit that should remain unchanged,and may incorporate by reference those por-tions of the existing permit (and the permitapplication and any permit amendment ormodification applications) that describe prod-ucts, processes, operations and emissions towhich those terms and conditions apply. Theapplicant must identify specifically and listwhich portions of the previous permit or appli-cations, or both, are incorporated by reference.In addition, a permit renewal applicationmust contain:

(a) Information specified in para-graph (6)(B)3. of this rule for those products,processes, operations and emissions—

I. That are not addressed inthe existing permit;

II. That are subject to applic-able requirements which are not addressed inthe existing permit; or

III. For which the applicantseeks permit terms and conditions that differfrom those in the existing permit; and

(b) A compliance plan and certi-fication as required in subparagraphs(6)(B)3.I. and J. of this rule.

C. Confidential information. If anapplicant submits information to the permit-ting authority under a claim of confidentialitypursuant to 10 CSR 10-6.210, the applicantshall also submit a copy of this informationdirectly to the administrator, if the permittingauthority requests that the applicant do so.

D. Filing fee. Each application mustbe accompanied by a one hundred dollar($100) filing fee.

2. Duty to supplement or correct appli-cation. Any applicant who fails to submit anyrelevant facts, or who has submitted incorrectinformation in a permit application, uponbecoming aware of this failure or incorrectsubmittal, shall promptly submit supplemen-tary facts or corrected information. In addi-tion, an applicant shall provide additionalinformation, as necessary, to address anyrequirements that become applicable to theinstallation after the date an application isdeemed complete, but prior to issuance orvalidation of the permit, whichever is later.

3. Standard application form andrequired information. An applicant shall sub-mit an application package consisting of thestandard application form, emission invento-ry questionnaire, compliance plan and com-pliance certification. The application packagemust include all information needed to deter-mine applicable requirements. The applica-

tion must include information needed todetermine the applicability of any applicablerequirement. The applicant shall submit theinformation called for by the application formfor each emissions unit at the installation tobe permitted, except for insignificant activi-ties. An activity cannot be listed as insignifi-cant if the activity has an applicable require-ment. The installation shall provide a list ofany insignificant activities that are exemptbecause of size or production rate. Anyinsignificant activity required to be listed inthe application also must list the approximatenumber of activities included (for example,twenty (20) leaky valves) and the estimatedquantity of emissions associated. The appli-cation must include any other information, asrequested by the permitting authority, todetermine the insignificant activities have noapplicable requirements. Information report-ed in the permit application which does notresult in the specification of any permit limi-tation, term or condition with respect to thatinformation (including, but not limited to,information identifying insignificant activi-ties), shall not in any way constrain the oper-ations, activities or emissions of a permittedinstallation, except as otherwise provided inthis section. The standard application form(and any attachments) shall require that thefollowing information be provided:

A. Identifying information. The ap-plicant’s company name and address (or plantname and address if different from the com-pany name), the owner’s name and state reg-istered agent, and the telephone number andname of the plant site manager or other con-tact person;

B. Processes and products. A descrip-tion of the installation’s processes and prod-ucts (by two (2)-digit Standard IndustrialClassification Code (SIC)), including thoseassociated with any reasonably anticipatedoperating scenarios identified by the appli-cant;

C. Emissions-related information.The following emissions-related informationon the emissions inventory forms:

(I) All emissions of pollutants forwhich the installation is a part 70 source, andall emissions of any other regulated air pollu-tants. The permit application shall describeall emissions of regulated air pollutants emit-ted from each emissions unit, except as pro-vided for by section (6) of this rule. Theinstallation shall submit additional informa-tion related to the emissions of air pollutantssufficient to verify which requirements areapplicable to the installation;

(II) Identification and descriptionof all emissions units whose emissions areincluded in part (6)(B)3.C.(I) of this rule, insufficient detail to establish the applicabilityof any and all requirements;

(III) Emissions rates in tons peryear and in such terms as are necessary toestablish compliance consistent with theapplicable standard reference test method, ifany;

(IV) The following information tothe extent needed to determine or regulateemissions including: fuels, fuel use, rawmaterials, production rates and operatingschedules;

(V) Identification and descriptionof air pollution control equipment;

(VI) Identification and descriptionof compliance monitoring devices or activi-ties;

(VII) Limitations on installationoperations affecting emissions or any workpractice standards, where applicable, for allregulated pollutants;

(VIII) Other information requiredby any applicable requirement (includinginformation related to stack height credit lim-itations developed pursuant to section 123 ofthe Act); and

(IX) Calculations on which theinformation in parts (6)(B)3.C.(I)–(VIII) ofthis rule is based;

D. Air pollution control information.The following air pollution control informa-tion:

(I) Citation and description of allapplicable requirements; and

(II) Description of, or reference to,any applicable test method for determiningcompliance with each applicable require-ment;

E. Applicable requirements informa-tion. Other specific information requiredunder the permitting authority’s regulationsto implement and enforce other applicablerequirements of the Act or of these rules, orto determine the applicability of theserequirements;

F. Alternative emissions limits. If theSIP allows an installation to comply throughan alternative emissions limit or means ofcompliance, the applicant may request thatsuch an alternative limit or means of compli-ance be specified in the permit. The applicantmust demonstrate that any such alternative isquantifiable, accountable, enforceable andbased on replicable procedures. The appli-cant shall propose permit terms and condi-tions to satisfy these requirements in theapplication;

G. Proposed exemptions. An explana-tion of any proposed exemptions from other-wise applicable requirements;

H. Proposed reasonably anticipatedoperating scenarios. Additional information,as determined necessary by the permittingauthority, to define reasonably anticipatedoperating scenarios identified by the appli-cant for emissions trading or to define permit



terms and conditions implementing opera-tional flexibility;

I. Compliance plan. A complianceplan that contains all of the following:

(I) A description of the compliancestatus of the installation with respect to allapplicable requirements;

(II) A description as follows: (a) For applicable requirements

with which the installation is in compliance,a statement that the installation will continueto comply with these requirements;

(b) For applicable requirementsthat will become effective during the permitterm, a statement that the installation willcomply with these requirements on a timelybasis; and

(c) For any applicable require-ments with which the installation is not incompliance at the time of permit issuance, anarrative description of how the installationwill achieve compliance with these require-ments;

(III) A compliance schedule as fol-lows:

(a) For applicable requirementswith which the installation is in compliance,a statement that the installation will continueto comply with these requirements;

(b) For applicable requirementsthat will become effective during the permitterm, a statement that the installation willcomply with these requirements on a timelybasis. A statement that the installation willcomply in a timely manner with applicablerequirements that become effective during thepermit term shall satisfy this provision,unless a more detailed schedule is expresslyrequired by the applicable requirement;

(c) A schedule of compliance forall applicable requirements with which theinstallation is not in compliance at the time ofpermit issuance, including a schedule ofremedial measures and an enforceablesequence of actions, with milestones, leadingto compliance. (This compliance scheduleshall resemble and be equivalent in stringencyto that contained in any judicial consentdecree or administrative order to which theinstallation is subject);

(IV) For installations required tohave a schedule of compliance under subpart(6)(B)3.I.(III)(c) of this rule, a schedule forthe submission of certified progress reportsno less frequently than every six (6) months;and

(V) The compliance plan contentrequirements specified in this paragraph shallapply to, and be included in, the acid rainportion of a compliance plan for an affectedsource, except as specifically superseded byregulations promulgated under Title IV of theAct with regard to the schedule andmethod(s) the installation will use to achieve

compliance with the acid rain emissions lim-itations;

J. Compliance certification and infor-mation.

(I) A certification of compliancewith all applicable requirements signed by aresponsible official consistent with paragraph(6)(B)4. of this rule and section 114(a)(3) ofthe Act;

(II) A statement of methods usedfor determining compliance, including adescription of monitoring, record keepingand reporting requirements, and test meth-ods;

(III) A schedule for the submissionof compliance certifications during the permitterm, which shall be submitted annually, ormore frequently if required by an underlyingapplicable requirement; and

(IV) A statement indicating theinstallation’s compliance status with respectto any applicable enhanced monitoring andcompliance certification requirements of theAct; and

K. Acid rain information. Nationally-standardized forms for acid rain portions ofpermit applications and compliance plansshall be used, as required by rules promul-gated under Title IV of the Act.

4. Certification by responsible official.Any application form, report or compliancecertification submitted pursuant to this ruleshall contain certification by a responsibleofficial of truth, accuracy and completeness.This certification, and any other certification,shall be signed by a responsible official andshall contain the following language: “I certi-fy, based on information and belief formedafter reasonable inquiry, the statements andinformation in the document are true, accu-rate, and complete.”

5. Single, multiple or general permits.Pursuant to this section of the rule, an instal-lation must have a permit (or group of per-mits) addressing all applicable requirementsfor all emissions units in the installation. Aninstallation may comply with this subsectionof the rule through any one (1) of the meth-ods identified in paragraphs (3)(A)1.–4. ofthis rule.

(C) Permit Content. 1. Standard permit requirements. Every

operating permit issued pursuant to this sec-tion (6) shall contain all requirements applic-able to the installation at the time of issuance.

A. Emissions limitations and stan-dards. The permit shall specify emissionslimitations or standards applicable to theinstallation, and shall include those opera-tional requirements or limitations as neces-sary to assure compliance with all applicablerequirements.

(I) The permit shall specify andreference the origin of and authority for eachterm or condition and shall identify any dif-ference in form as compared to the applicablerequirement upon which the term or condi-tion is based.

(II) The permit shall state that,where an applicable requirement is morestringent than an applicable requirement ofrules promulgated under Title IV of the Act,both provisions shall be incorporated into thepermit and shall be enforceable by the admin-istrator.

(III) If the implementation plan orother applicable requirement allows an instal-lation to comply through an alternative emis-sions limit or means of compliance and theapplicant requests that this alternative limit ormeans of compliance be specified in the per-mit, the permitting authority may include thisalternative emissions limit or means of com-pliance in an installation’s permit upondemonstrating that it is quantifiable, account-able, enforceable and based on replicableprocedures.

B. Permit duration. The permittingauthority shall issue permits for five (5)years. The permit term shall commence onthe date of issuance or, when applicable, thedate of validation.

C. Monitoring and related recordkeeping and reporting requirements.

(I) The permit shall contain the fol-lowing requirements with respect to monitor-ing:

(a) All emissions monitoring andanalysis procedures or test methods requiredunder the applicable requirements, includingany procedures and methods promulgated bythe administrator pursuant to sections114(a)(3) or 504(b) of the Act;

(b) Where the applicablerequirement does not require periodic testingor instrumental or noninstrumental monitor-ing (which may consist of record keepingdesigned to serve as monitoring), then peri-odic monitoring sufficient to yield reliabledata for the relevant time period that are rep-resentative of the installation’s compliancewith the permit, as reported pursuant to part(6)(C)1.C.(III) of this rule. These monitoringrequirements shall assure the use of terms,test methods, units, averaging periods andother statistical conventions consistent withthe applicable requirement. Record keepingprovisions may be sufficient to meet therequirements of this paragraph; and

(c) As necessary, requirementsconcerning the use, maintenance, and whereappropriate, installation of monitoring equip-ment or methods.



(II) With respect to record keeping,the permit shall incorporate all applicablerecord keeping requirements and require,where applicable, the following:

(a) Records of required monitor-ing information that include the following:

I. The date, place as definedin the permit, and time of sampling or mea-surements;

II. The date(s) analyses wereperformed;

III. The company or entitythat performed the analyses;

IV. The analytical techniquesor methods used;

V. The results of these analy-ses; and

VI. The operating conditionsas existing at the time of sampling or mea-surement;

(b) Retention of records.I. Retention of records of all

required monitoring data and support infor-mation for a period of at least five (5) yearsfrom the date of the monitoring sample, mea-surement, report or application. Supportinformation includes all calibration and main-tenance records and all original strip-chartrecordings when used for continuous moni-toring instrumentation, and copies of allreports required by the permit. Where appro-priate, the permit may specify that recordsmay be maintained in computerized form.

II. Affected sources underTitle IV of the Act will have a three (3)-yearmonitoring data record retention period asrequired in 40 CFR part 75.

(III) With respect to reporting, thepermit shall incorporate all applicable report-ing requirements and require the following:

(a) A permit issued under theserules shall require the permittee to submit areport of any required monitoring every six(6) months. To the extent possible, the sched-ule for submission of these reports shall betimed to coincide with other periodic reportsrequired by the permit, including the permit-tee’s annual compliance certification;

(b) Each report submitted undersubpart (6)(C)1.C.(III)(a) of this rule shallidentify any deviations from permit require-ment, since the previous report, that havebeen monitored by the monitoring systemsrequired under the permit, and any deviationsfrom the monitoring, record keeping andreporting requirements of the permit;

(c) In addition to semiannualmonitoring reports, each permittee shall berequired to submit supplemental reports asindicated here. All reports of deviations shallidentify the cause or probable cause of the

deviations and any corrective actions or pre-ventative measures taken.

I. Notice of any deviationresulting from an emergency (or upset) con-dition as defined in paragraph (6)(C)7. of thisrule shall be submitted to the permittingauthority either verbally or in writing withintwo (2) working days after the date on whichthe emission limitation is exceeded due to theemergency, if the permittee wishes to assertan affirmative defense. The affirmativedefense of emergency shall be demonstratedthrough properly signed, contemporaneousoperating logs, or other relevant evidence thatindicate an emergency occurred and the per-mittee can identify the cause(s) of the emer-gency. The permitted facility must show thatit was operated properly at the time and thatduring the period of the emergency the per-mittee took all reasonable steps to minimizelevels of emissions that exceeded the emissionstandards or requirements in the permit. Thenotice must contain a description of the emer-gency, steps taken to mitigate emissions, andthe corrective actions taken.

II. Any deviation that poses animminent and substantial danger to publichealth, safety or the environment shall bereported as soon as practicable.

III. Any other deviations iden-tified in the permit as requiring more fre-quent reporting than the permittee’s semian-nual report shall be reported on the schedulespecified in the permit;

(d) Every report submitted shallbe certified by a responsible official, exceptthat, if a report of a deviation must be sub-mitted within ten (10) days after the devia-tion, the report may be submitted without acertification if the report is resubmitted withan appropriate certification within ten (10)days after that, together with any corrected orsupplemental information required concern-ing the deviation; and

(e) A permittee may request con-fidential treatment of information submittedin any report of deviation.

D. Risk management plans. If theinstallation is required to develop and registera risk management plan pursuant to section112(r) of the Act, the permit is required tospecify only that the permittee will verify thatthey have complied with the requirement toregister such a plan. The contents of the riskmanagement plan itself need not be incorpo-rated as a permit term.

E. Emissions exceeding Title IVallowances. Where applicable, the permitshall prohibit emissions exceeding anyallowances that the installation lawfully holdsunder Title IV of the Act or rules promulgat-ed thereunder.

(I) No permit revision shall berequired for increases in emissions that areauthorized by allowances acquired pursuantto the acid rain program if the increases donot require a permit revision under any otherapplicable requirement.

(II) No limit shall be placed on thenumber of allowances that may be held by aninstallation. The installation may not usethese allowances, however, as a defense fornoncompliance with any other applicablerequirement.

(III) Any of these allowances shallbe accounted for according to proceduresestablished in rules promulgated under TitleIV of the Act.

F. Severability clause. The permitshall include a severability clause to ensurethe continued validity of uncontested permitconditions in the event of a successful chal-lenge to any contested portion of the permit.

G. General requirements. (I) The permittee must comply with

all the terms and conditions of the permit.Any noncompliance with a permit conditionconstitutes a violation and is grounds forenforcement action, for permit termination,permit revocation and reissuance, permitmodification or denial of a permit renewalapplication. Note: The grounds for termina-tion of a permit under part (6)(C)1.G.(I) arethe same as the grounds for revocation asstated in part (6)(E)8.A.(I).

(II) It shall not be a defense in anenforcement action that it would have beennecessary for the permittee to halt or reducethe permitted activity in order to maintaincompliance with the conditions of the permit.

(III) The permit may be modified,revoked, reopened, reissued or terminated forcause. Except as provided for minor permitmodifications, the filing of an application orrequest for a permit modification, revocationand reissuance, or termination, or the filingof a notification of planned changes or antic-ipated noncompliance, does not stay any per-mit condition.

(IV) The permit does not conveyany property rights of any sort, or grant anyexclusive privilege.

(V) The permittee shall furnish tothe permitting authority, upon receipt of awritten request and within a reasonable time,any information that the permitting authorityreasonably may require to determine whethercause exists for modifying, reopening, reissu-ing or revoking the permit or to determinecompliance with the permit. Upon request,the permittee also shall furnish to the permit-ting authority copies of records required to bekept by the permittee. The permittee may



make a claim of confidentiality for any infor-mation or records submitted under this para-graph (6)(C)1.

H. Incentive programs not requiringpermit revisions. The permit shall include aprovision stating that no permit revision willbe required for any installation changes madeunder any approved economic incentive, mar-ketable permit, emissions trading, or othersimilar programs or processes provided for inthe permit.

I. Reasonably anticipated operatingscenarios. The permit shall include terms andconditions for reasonably anticipated operat-ing scenarios identified by the applicant andapproved by the permitting authority. Thepermit shall authorize the permittee to makechanges among alternative operating scenar-ios authorized in the permit without notice,but shall require the permittee, contempora-neous with changing from one (1) operatingscenario to another, to record in a log at thepermitted installation the scenario underwhich it is operating. The permit shield shallapply to these terms and conditions.

J. Emissions trading. The permit shallinclude terms and conditions for the tradingof emissions increases and decreases withinthe permitted installation to the extent that theapplicable requirements provide for the trad-ing of increases and decreases without case-by-case approval of each emissions trade.These terms and conditions shall include allthose required to determine compliance (toinclude contemporaneous recording in a logof the details of the trade) and must meet allapplicable requirements, and requirements ofthis rule. The permit shield shall apply to allterms and conditions that allow the trading ofthese increases and decreases in emissions.

2. Federally-enforceable conditions andstate-only requirements.

A. Federally-enforceable conditions.Except as provided in subparagraph(6)(C)2.B. of this rule, all terms and condi-tions in a permit issued under this section,including any voluntary provisions designedto limit an installation’s potential to emit, areenforceable by the permitting authority, bythe administrator, and by citizens under sec-tion 304 of the Act.

B. State-only requirements. Notwith-standing subparagraph (6)(C)2.A. of thisrule, the permitting authority shall expresslydesignate as not being federally-enforceableor enforceable under section 304 of the Actany terms and conditions included in the per-mit that are not required under the Act or anyof its applicable requirements, and theseterms and conditions shall not be enforceableby the administrator or by citizens under sec-tion 304 of the Act. Terms and conditions so

designated shall not be subject to the require-ments of 40 CFR sections 70.7 and 70.8.Terms and conditions expressly designated asstate-only requirements under this paragraphmay be included in an addendum to theinstallation’s permit.

3. Compliance requirements. Permitsissued under this section (6) shall contain theelements listed here with respect to compli-ance.

A. General requirements, includingcertification. Consistent with the monitoringand related record keeping and reportingrequirements of this paragraph, the operatingpermit must include compliance certification,testing, monitoring, reporting and recordkeeping requirements sufficient to assurecompliance with the terms and conditions ofthe permit. Any document (including reports)required to be submitted under this rule shallcontain a certification signed by a responsibleofficial as to the results of the required mon-itoring.

B. Inspection and entry. The permitmust include requirements providing that,upon presentation of credentials and otherdocuments as may be required by law, thepermittee shall allow authorized officials ofthe permitting authority to perform the fol-lowing (subject to the permittee’s right toseek confidential treatment of informationsubmitted to, or obtained by, the permittingauthority under this subsection):

(I) Enter upon the permittee’spremises where a permitted installation islocated or an emissions-related activity isconducted, or where records must be keptunder the conditions of the permit;

(II) Have access to and copy, at rea-sonable times, any records that must be keptunder the conditions of the permit;

(III) Inspect, at reasonable timesand using reasonable safety practices, anyfacilities, equipment (including monitoringand air pollution control equipment), prac-tices, or operations regulated or requiredunder the permit; and

(IV) As authorized by the MissouriAir Conservation Law Chapter 643, RSMoor the Act, sample or monitor, at reasonabletimes, substances or parameters for the pur-pose of assuring compliance with the permitor applicable requirements.

C. Schedule of compliance. The per-mit must include a schedule of compliance, tothe extent required.

D. Progress reports. To the extentrequired under an applicable schedule ofcompliance, the permit must require progressreports to be submitted semiannually, ormore frequently if specified in the applicablerequirement or by the permitting authority.

These progress reports shall contain the fol-lowing:

(I) Dates for achieving the activi-ties, milestones or compliance required in theschedule of compliance, and dates when theseactivities, milestones or compliance wereachieved; and

(II) An explanation of why anydates in the schedule of compliance were notor will not be met, and any preventive or cor-rective measures adopted.

E. Compliance certification. The per-mit must include requirements for certifica-tion of compliance with terms and conditionscontained in the permit that are federallyenforceable, including emissions limitations,standards or work practices. The permit shallspecify—

(I) The frequency (which shall beannually unless the applicable requirementspecifies submission more frequently) ofcompliance certifications;

(II) The means for monitoringcompliance with emissions limitations, stan-dards and work practices contained in applic-able requirements;

(III) A requirement that the compli-ance certification include the following:

(a) The identification of eachterm or condition of the permit that is thebasis of the certification;

(b) The permittee’s current com-pliance status, as shown by monitoring dataand other information reasonably available tothe permittee;

(c) Whether compliance wascontinuous or intermittent;

(d) The method(s) used fordetermining the compliance status of theinstallation, currently and over the reportingperiod; and

(e) Such other facts as the per-mitting authority may require to determinethe compliance status of the source;

(IV) A requirement that all compli-ance certifications be submitted to the admin-istrator as well as to the permitting authority;

(V) Additional requirements as maybe specified pursuant to sections 114(a)(3)and 504(b) of the Act; and

(VI) Any other provisions as thepermitting authority may require.

4. General permits. Installations mayapply to operate under any general permit.

A. Issuance of general permits.General permits covering similar part 70installations may be issued by the permittingauthority after notice and opportunity forpublic participation under subsection (6)(F)and section (7). The general permit shallindicate a reasonable time after which aninstallation that has submitted an application



for authorization will be deemed to be autho-rized to operate under the general permit. Ageneral permit shall identify criteria by whichinstallations may be authorized to operateunder the general permit. This criteria mustinclude the following:

(I) Categories of sources coveredby the general permit must be homogeneousin terms of operations, processes and emis-sions;

(II) Sources may not be subject tocase-by-case standards or requirements; and

(III) Sources must be subject tosubstantially similar requirements governingoperations, emissions, monitoring, reportingand record keeping.

B. Applications. The permittingauthority shall provide application forms forcoverage under a general permit. Generalpermit applications may deviate from individ-ual part 70 permit applications but shallinclude all information necessary to determinequalification for, and to assure compliancewith, the general permit. The permittingauthority shall authorize coverage by the con-ditions and terms of a general permit to allinstallations that apply for and qualify underthe specified general permit criteria. Installa-tions applying for coverage under a generalpermit must comply with all the requirementsof this rule, except public participationrequirements. General permits shall not beauthorized for affected sources under the acidrain program unless otherwise provided inrule promulgated under Title IV of the Act.

C. Public participation. Althoughpublic participation under section (7) of thisrule is necessary for the issuance of a gener-al permit, the permitting authority mayauthorize an installation to operate undergeneral permit terms and conditions withoutrepeating the public participation procedures.However, this authorization shall not be afinal permit action of purposes for judicialreview.

D. Enforcement. Notwithstanding thepermit shield provisions of paragraph(6)(C)6. of this rule, an installation autho-rized to operate under a general permit issubject to enforcement for operating withoutan individual part 70 operating permit if theinstallation is determined not to be qualifiedfor the general permit.

5. Portable installations. An installationmay apply for a single permit authorizingemissions from similar operations by thesame installation owner or operator at multi-ple temporary locations.

A. Qualification criteria. To qualifyfor a permit under this paragraph (6)(C)5. theapplicant’s operation must be temporary andinvolve at least one (1) change of location

during the permit term. Affected sourcesshall not be authorized as temporary installa-tions under the acid rain program unless oth-erwise provided in rules promulgated underTitle IV of the Act.

B. Compliance at each location. Thepermittee must comply with all applicablerequirements at each authorized location.

C. Notice of location change. Theowner or operator of the installation mustnotify the permitting authority at least ten(10) days in advance of each change of loca-tion.

6. Permit shield. A. Express permit statement re-

quired. Part 70 operating permits shallinclude express provisions stating that com-pliance with the conditions of the permit shallbe deemed compliance with all applicablerequirements as of the date of permitissuance, provided that—

(I) The applicable requirements areincluded and specifically identified in thepermit; or

(II) The permitting authority, inacting on the permit revision or permit appli-cation, determines in writing that otherrequirements, as specifically identified in thepermit, are not applicable to the installationand the permit expressly includes that deter-mination or a concise summary of it.

B. Exceptions to permit protection.The permit shield does not affect the follow-ing:

(I) The provisions of section 303 ofthe Act or section 643.090, RSMo concern-ing emergency orders;

(II) Liability for any violation of anapplicable requirement which occurred priorto, or was existing at, the time of permitissuance;

(III) The applicable requirementsof the acid rain program;

(IV) The administrator’s authorityto obtain information; or

(V) Any other permit or extra-per-mit provisions, terms or conditions expresslyexcluded from the permit shield provisions ofthis rule.

7. Emergency provisions. A. Definition. For the purposes of a

part 70 operating permit, an emergency orupset means any condition arising from sud-den and not reasonably foreseeable eventsbeyond the control of the permittee, includingacts of God, which require immediate cor-rective action to restore normal operation andthat causes the installation to exceed a tech-nology-based emission limitation under thepermit due to unavoidable increases in emis-sions attributable to the emergency or upset.An emergency or upset shall not include non-

compliance caused by improperly designedequipment, lack of preventive maintenance,careless or improper operation, or operatorerror.

B. Affirmative defense requirements.The permitting authority shall include in eachpermit a provision stating that an emergencyor upset constitutes an affirmative defense toan enforcement action brought for noncom-pliance with technology-based emissions lim-itations. To establish an emergency- or upset-based defense, the permittee mustdemonstrate, through properly signed, con-temporaneous operating logs or other relevantevidence, the following:

(I) An emergency or upset occurredand the permittee can identify the source ofthe emergency or upset;

(II) The installation was beingoperated properly;

(III) The permittee took all reason-able steps to minimize emissions that exceed-ed technology-based emissions limitations orthe requirements in the permit; and

(IV) The permittee submittednotice of the emergency to the permittingauthority within two (2) working days of thetime when emission limitations were exceed-ed due to the emergency. This notice mustcontain a description of the emergency, anysteps taken to mitigate emissions, and correc-tive actions taken.

8. Operational flexibility (installationchanges not requiring permit revisions). Aninstallation that has been issued a part 70operating permit under this rule is notrequired to apply for or obtain a permit revi-sion in order to make any of the changes tothe permitted installation described in sub-paragraph (6)(C)8.A. of this rule if thechanges are not Title I modification and thechanges do not cause emissions to exceedemissions allowable under the permit, and thechanges do not result in the emission of anyair contaminant not previously emitted. Theinstallation shall notify the permitting author-ity and the administrator at least seven (7)days in advance of these changes, except asallowed for emergency or upset conditions.Emissions allowable under the permit meansa federally-enforceable permit term or condi-tion determined at issuance to be required byan applicable requirement that establishes anemissions limit (including a work practicestandard) or a federally enforceable emis-sions cap that the source has assumed toavoid an applicable requirement to which thesource would otherwise be subject.

A. Section 502(b)(10) changes.Changes that, under section 502(b)(10) of theAct, contravene an express permit term maybe made without a permit revision, except for



changes that would violate applicable require-ments of the Act or contravene federally-enforceable monitoring (including test meth-ods), record keeping, reporting orcompliance requirements of the permit.

(I) Before making a change underthis provision, the permittee shall provideadvance written notice to the permittingauthority and to the administrator, describingthe change to be made, the date on which thechange will occur, any changes in emissions,and any permit terms and conditions that areaffected. The permittee shall maintain a copyof the notice with the permit, and the permit-ting authority shall place a copy with the per-mit in the public file. Written notice shall beprovided to the administrator and the permit-ting authority at least seven (7) days beforethe change is to be made. If less than seven(7) days’ notice is provided because of a needto respond more quickly to these unanticipat-ed conditions, the permittee shall providenotice to the administrator and the permittingauthority as soon as possible after learning ofthe need to make the change.

(II) The permit shield shall notapply to these changes.

B. SIP-based emissions tradingchanges. Changes associated with tradingemissions increases and decreases within apermitted installation may be made without apermit revision if the SIP provides for thesetrades. The permit shall contain terms andconditions governing the trading of emis-sions.

(I) For these changes, the advancewritten notice provided by the permittee shallidentify the underlying authority authorizingthe trade and shall state when the change willoccur, the types and quantities of emissions tobe traded, the permit terms or other applica-ble requirements with which the source willcomply through emissions trading and anyother information as may be required by theapplicable requirement authorizing the emis-sions trade.

(II) The permit shield shall notapply to these changes. Compliance will beassessed according to the terms of the imple-mentation plan authorizing the trade.

C. Emissions cap-based changes.Changes associated with the trading of emis-sions increases and decreases within a per-mitted installation may be made without apermit revision if this trading is solely for thepurpose of complying with the federally-enforceable emissions cap that was estab-lished in the permit at the applicant’s request,independent of otherwise applicable require-ments. For these changes, the advance writ-ten notice provided by the permittee shallidentify the underlying authority authorizing

the emissions trade and shall state when thechange will occur, the types and quantities ofemissions to be traded, the permit terms orother applicable requirements with which thesource will comply through emissions trad-ing, and any other information as may berequired by the applicable requirement autho-rizing the emissions trade. The permit shielddoes apply to these changes.

9. Off-permit changes. Except as pro-vided in subparagraph (6)(C)9.A. in this rule,a part 70 permitted installation may make anychange in its permitted installation’s opera-tions, activities or emissions that is notaddressed in, constrained by or prohibited bythe permit without obtaining a permit revi-sion. Insignificant activities listed in the per-mit, but not otherwise addressed in or pro-hibited by the permit, shall not be consideredto be constrained by the permit for purposesof the off-permit provisions of this section.Off-permit changes shall be subject to the fol-lowing requirements and restrictions:

A. Compliance with applicablerequirements. The change must meet allapplicable requirements of the Act and maynot violate any existing permit term or condi-tion; no permittee may change a permittedinstallation without a permit revision, even ifthe change is not addressed in or constrainedby, the permit, if this change is subject to anyrequirements under Title IV of the Act or is aTitle I modification;

B. Contemporaneous notice, exceptinsignificant activities. The permittee mustprovide contemporaneous written notice ofthe change to the permitting authority and tothe administrator. This notice shall not berequired for changes that are insignificantactivities under paragraph (6)(B)3. of thisrule. This written notice shall describe eachchange, including the date, any change inemissions, pollutants emitted and any applic-able requirement that would apply as a resultof the change.

C. Record of changes. The permitteeshall keep a record describing all changesmade at the installation that result in emis-sions of a regulated air pollutant subject to anapplicable requirement and the emissionsresulting from these changes; and

D. Permit shield not applicable. Thepermit shield shall not apply to thesechanges.

(D) Unified Review. When the construc-tion or modification and operation of anyinstallation requires a construction permitunder 10 CSR 10-6.060, and an operatingpermit or its amendment under this rule, theinstallation shall receive a unified construc-tion and operating permit or its amendments,review, hearing and approval process, unless

the applicant requests in writing that the con-struction and operating permit, or its amend-ment application be reviewed separately.Under this unified review process, the appli-cant shall submit all the applications, formsand other information required by the permit-ting authority.

1. Review of applications. The permit-ting authority shall complete any unifiedreview within one hundred eighty-four (184)days, as provided under the procedures of thisrule and 10 CSR 10-6.060 Construction Per-mits Required.

2. Issuance of permits. As soon as theunified review process is completed, if theapplicant complies with all applicablerequirements under this rule and 10 CSR 10-6.060, the construction permit and the oper-ating permit or its amendment shall be issuedto the applicant and the applicant may com-mence construction. The operating permit orits amendment shall be retained by the per-mitting authority until validated pursuant tothis subsection (6)(D).

3. Validation of operating permits. With-in one hundred and eighty (180) days aftercommencing operation, the holder of anoperating permit or its amendment issued bythe unified review processing shall submit tothe permitting authority all informationrequired by the permitting authority todemonstrate compliance with the terms andconditions of the issued operating permit orits amendment. The permittee shall also pro-vide information identifying any applicablerequirements which became applicable subse-quent to issuance of the operating permit.Within thirty (30) days after the applicant’srequest for validation, the permitting author-ity will take action denying or approving val-idation of the issued operating permit or itsamendment. If the permittee demonstratescompliance with both the construction andoperating permits, and all of the requirementsfor permit issuance in subsection (6)(E) ofthis rule have been met, the permittingauthority shall validate the operating permitand forward it to the permittee. No part 70permit will be validated unless—

A. At the time of validation, the per-mitting authority certifies that the issued per-mit contains all applicable requirements; or

B. The procedures for permit renewalin paragraph (6)(E)3. have occurred prior tovalidation to insure the inclusion of any newapplicable requirements to which the part 70permit is subject.

(E) Permit Issuance, Renewal, Reopeningsand Revisions.

1. Action on application.



A. General requirements. A part 70operating permit, permit modification or per-mit renewal may be issued only if all of thefollowing conditions have been met:

(I) Except for a general permitauthorization, the permitting authority hasreceived a complete application for a permit,permit modification or permit renewal;

(II) Except for permit modifica-tions qualifying for minor permit modifica-tion procedures, the permitting authority hascomplied with the requirements for publicparticipation;

(III) The permitting authority hascomplied with the requirements for notifyingand responding to affected states;

(IV) The permitting authority findsthat the conditions of the permit provide forcompliance with all applicable requirementsand the requirements of the Act and therequirements of this rule; and

(V) The administrator has receiveda copy of the draft permit and any noticesrequired, and has not objected to issuance ofthe permit under 40 CFR 70.8(c) within thetime specified therein.

B. Completeness determination. Afterreceipt of an application, the permittingauthority promptly shall provide notice to theapplicant of whether the application is com-plete. Unless the permitting authority notifiesthe applicant that the application is not com-plete within sixty (60) days after receipt, theapplication shall be deemed complete.

(I) The permitting authority shallmake available to applicants all the necessaryapplication forms, together with a checklistof items required for a complete applicationpackage. An application will be deemed com-plete in the first instance if the applicant sub-mits a completed application form, togetherwith the other items on the checklist.

(II) No completeness determinationshall be required for applications for minorpermit modifications.

C. Drafts for public comment. Fol-lowing review of an application, the permit-ting authority shall issue a draft permit, draftpermit modification or draft permit renewalfor public comment, in accordance with sec-tion (7). The draft shall be accompanied by astatement setting forth the legal and factualbasis for the draft permit conditions (includ-ing references to applicable statutory or reg-ulatory provisions). The permitting authorityshall send this statement to the administrator,to affected states and to the applicant andshall place a copy in the public file.

D. Proposals for review. Followingthe end of the public comment period, thepermitting authority shall prepare and submit

to the administrator a draft permit, permitmodification or permit renewal.

(I) The draft permit, modificationor renewal shall be issued no later than forty-five (45) days preceding the deadline for finalaction under this section and shall contain allapplicable requirements that have been pro-mulgated and made applicable to the installa-tion as of the date of issuance of the draft per-mit.

(II) If new requirements are pro-mulgated or otherwise become newly applic-able to the installation following the issuanceof the draft permit but before issuance of afinal permit (or in the case of unified review,before validation of an issued permit), thepermitting authority may elect to either—

(a) Extend or reopen the publiccomment period to solicit comment on addi-tional draft permit provisions to implementthe new requirements; or

(b) If the permitting authoritydetermines that this extension or reopening ofthe public comment period would delayissuance of the permit unduly, the permittingauthority may include in the permit a provi-sion stating that the permit is reopened uponissuance or validation to incorporate the newrequirements and stating that the new require-ments are excluded from the protection of thepermit shield. If the permitting authorityelects to issue the permit without incorporat-ing the new requirements, the permittingauthority shall institute, within thirty (30)days after the new requirements becomeapplicable to the source, proceedings pur-suant to this section to reopen the permit toincorporate the new requirements. Thesereopening proceedings may be instituted, butneed not be completed, before issuance of thefinal permit.

E. Action following the administra-tor’s review.

(I) Upon receipt of notice that theadministrator will not object to a permit, per-mit modification or permit renewal that hasbeen submitted for the administrator’s reviewpursuant to this section, the permittingauthority shall issue the permit, permit mod-ification or permit renewal forthwith, but inno event later than the fifth day followingreceipt of the notice from the administrator.

(II) Forty-five (45) days afterreceipt by the administrator of a draft permit,permit modification or permit renewal for theadministrator’s review, and if the administra-tor has not notified the permitting authoritythat s/he objects to the permit action, thepermitting authority shall promptly issue thepermit, permit modification or permit renew-al, but in no event later than the fiftieth dayfollowing receipt by the administrator.

(III) If the administrator objects tothe permit, modification or renewal, the per-mit shall not be issued and the permittingauthority shall consult with the administratorand the applicant, and shall submit a revisedproposal to the administrator within ninety(90) days after the date of the administrator’sobjection. If the permitting authority does notrevise the permit, the permitting authoritywill inform the administrator within ninety(90) days following the date of the objectionand decline to make those revisions. If theadministrator disagrees with the permittingauthority, the administrator may issue thepermit with the revisions incorporated.

F. Final actions.(I) Noninitial applications. Except

as provided in this subsection (6)(E), the per-mitting authority shall take final action oneach application for a part 70 operating per-mit within eighteen (18) months after receiv-ing a complete application. Final action oneach application for a significant permit mod-ification or permit renewal shall be takenwithin six (6) months after receipt of a com-plete application. For each application, thepermitting authority shall submit a draft per-mit, modification or renewal to the adminis-trator no later than forty-five (45) days beforethe deadline for final action established inthis section. The permitting authority shalltake action on any permit, permit modifica-tion or permit renewal issued in compliancewith rules promulgated under Title IV or V ofthe Act for the permitting of affected installa-tions under the acid rain program within thetime specified in those regulations.

(II) Initial applications. Applica-tions accepted under the registry system shallbe acted upon according to that registry.

G. Order for acting on applications.To the extent feasible, applications shall beacted upon in the order received, exceptthat—

(I) Priority shall be given to takingfinal action on applications for constructionor permit modification under Title I, Parts Cand D of the Act and to applications for gen-eral permits. To the extent feasible, finalaction on these applications shall be takenwithin six (6) months following receipt of acomplete application;

(II) For processing purposes, thepermitting authority may group togetherapplications addressing similar installations;and

(III) The permitting authority maygive expedited treatment to simple applica-tions that do not require significant review(for example, permits incorporating few or nosubstantive regulatory requirements).

2. Application shield.





A. Protection for not having a permit.If an installation subject to the requirement toobtain a permit under this section submits atimely and complete application for permitissuance or renewal, that installation’s failureto have an issued permit shall not be a viola-tion of the requirement to have the permituntil the permitting authority takes finalaction on the application. This applicationprotection shall cease to apply if, subsequentto a completeness determination, the appli-cant fails to submit, by the deadline specifiedin writing by the permitting authority, anyadditional information identified as being rea-sonably required to process the application.

B. Loss of protection. If an applicantfiles a timely application that the permittingauthority determines is not complete, or ifthe applicant loses the protection grantedunder this section as a result of the failure toprovide additional information reasonablyrequested by the permitting authority withinthe time specified, the applicant is in viola-tion of this section for failure to have anissued permit.

C. Construction permits not affected.The submittal of a complete part 70 operatingpermit application shall not affect therequirement, where applicable, that an instal-lation have a construction permit.

3. Permit renewal and expiration.A. Renewal application requirements.

Applications for permit renewals shall besubject to the same procedural requirements,including public participation, affected statecomment and the administrator review, thatapply to initial permit issuance. The permit-ting authority, in issuing a permit or renewalpermit, may identify those portions that areproposed to be revised, supplemented ordeleted.

B. Timely application. An installa-tion’s right to operate shall terminate uponthe expiration of the permit, unless a com-plete permit renewal application is submittedat least six (6) months before the date of expi-ration, or unless the permitting authoritytakes final action approving an application fora permit renewal by the expiration date.

C. Extension of expired permits. If atimely and complete application for a permitrenewal is submitted, but the permittingauthority fails to take final action to issue ordeny the renewal permit before the end of theterm of the previous permit, the previous per-mit shall not expire until the renewal permitis issued or denied. Any permit shield grant-ed under the previous permit shall continue ineffect during this period of time. However,the administrator may invoke its authorityunder section 505(e) of the Act to terminateor revoke and reissue the permit.

4. Administrative permit amendments.A. Definition. An administrative per-

mit amendment is a permit revision that—(I) Corrects typographical errors;(II) Identifies a change in the name,

address or phone number of any person iden-tified in the permit, or provides a similarminor administrative change at the installa-tion;

(III) Requires more frequent moni-toring or reporting by the permittee;

(IV) Allows for a change in owner-ship or operational control of an installationwhere no other change in the permit is nec-essary, provided that a written agreementcontaining a specific date for transfer of per-mit responsibility, coverage and liabilitybetween the current and new permittee mustbe submitted to the permitting authority;

(V) Incorporates in the part 70operating permit the requirements of a uni-fied construction permit issued by the per-mitting authority.

B. Acid rain provisions. For purposesof any acid rain portion of a part 70 operat-ing permit, administrative permit amend-ments shall be governed by rules promulgat-ed under Title IV of the Act.

C. Procedures. An administrativepermit amendment shall be made by the per-mitting authority under the following proce-dures:

(I) The permitting authority shalltake final action on a request for an adminis-trative permit amendment within sixty (60)days after receipt of the request, and mayincorporate the proposed changes in a permitwithout providing notice to the public oraffected states, if any of the permit revisionsare designated as having been made pursuantto this paragraph (6)(E)4.;

(II) The permitting authority shalltransmit a copy of the amended permit to theadministrator; and

(III) An installation may implementthe changes addressed in a request for anadministrative permit amendment immediate-ly upon submittal of the request.

D. Permit shield applicable. The per-mitting authority, upon taking final actiongranting a request for an administrative per-mit amendment, shall allow coverage by thepermit shield.

5. Permit modifications.A. Definition. A permit modification

is any revision to a part 70 operating permitwhich is not an administrative amendmentunder paragraph (6)(E)4. of this rule. A per-mit modification for the purposes of the acidrain portion of the permit shall be governedby regulations promulgated under Title IV ofthe Act.

B. Minor permit modification.(I) Criteria.

(a) Minor permit modificationsinvolve changes to an installation that donot—

I. Violate any applicable re-quirement;

II. Involve significant changesto monitoring, reporting or record keepingrequirements in the permit;

III. Require or change anycase-by-case or source-specific determinationcontained in the permit, or a source-specificdetermination for temporary sources of ambi-ent impacts, or a visibility or incrementanalysis;

IV. Establish or change a per-mit term for which there is no correspondingunderlying applicable requirement and whichthe source has assumed in order to avoid anapplicable requirement to which it would oth-erwise be subject, such as a federally-enforceable emissions cap voluntarily agreedto in order to avoid classification as a Title Imodification or an alternative emissions limitapproved pursuant to 112(i)(5) of the Act;

V. Constitute a Title I modifi-cation; and

VI. Constitute a significantpermit modification.

(b) Notwithstanding subpart (6)(E)5.B.(I)(a) and subparagraph (6)(E)5.C. ofthis section, minor permit modification pro-cedures may be used for permit modificationsinvolving the use of economic incentives,marketable permits, emissions trading, andother similar approaches, to the extent thatsuch minor permit modification proceduresare explicitly provided for in an applicableimplementation plan or in applicable require-ments promulgated by EPA.

(II) Procedures.(a) The applicant should com-

plete a minor permit modification form appli-cation which is consistent with the require-ments of this section (6), and which includesat least the following information:

I. A description of the pro-posed change, the resulting emissions andany new applicable requirements;

II. The applicant’s draft mod-ified permit;

III. Certification by a respon-sible official consistent with paragraph(6)(B)4. of this rule, that the proposed modi-fication meets the criteria for use of minorpermit modification procedures; and

IV. Completed forms to en-able the permitting authority to notify theadministrator and affected states.

(b) The permitting authority willnotify the administrator and affected states

within five (5) days after receipt of the appli-cation.

(c) Public participation require-ments are not applicable to minor permitmodifications.

(d) Within thirty (30) days afterreceiving the minor permit modificationapplication, the permitting authority willnotify the applicant whether the application isdeemed complete or if further information isneeded to deem it so.

(e) Within ninety (90) days afterreceiving the minor permit modificationapplication, or fifteen (15) days after the endof the administrator’s forty-five (45)-dayreview period, whichever is later, the permit-ting authority shall—

I. Issue the permit modifica-tion as proposed;

II. Deny the permit modifica-tion;

III. Determine that therequested change is a significant permit mod-ification that should be reviewed as such; or

IV. Revise the draft modifiedpermit and notify the applicant and theadministrator by providing a written copy ofthe proposed intended changes, a writtenstatement of the factual and legal reasons forthe changes, and notice of the rights of theapplicant and the administrator to appeal orobject to the changes, including any deadlinesfor this appeal or objection.

(f) An applicant for a minor per-mit modification may make the change pro-posed immediately after filing the applica-tion. After making the change, and until thepermitting authority takes any of the actionsspecified in this section (6), the applicantmust comply with both the applicablerequirements governing the change and theproposed modified permit terms and condi-tions. During this time period, the installationneed not comply with the existing permitterms and conditions the applicant is seekingto modify. However, if the applicant fails tocomply with the proposed modified permitterms and conditions during this time period,the existing permit terms and conditionswhich the applicant is seeking to modify maybe enforced against the installation.

(III) Permit shield not applicable.The permit shield does not apply to minorpermit modifications.

(IV) Public notice. The permittingauthority shall provide public notice of achange proposed in a minor permit modifica-tion application when it determines that theproposed change is of sufficient consequencethat the public may have an interest in beinginformed. The procedures for the publicnotice shall be as follows:

(a) Notice shall be given by pub-lication in a newspaper of general circulationin the area where the installation is located orin a state publication designed to give gener-al public notice, and to persons on a mailinglist developed by the permitting authority,including those who request in writing to beon the list;

(b) The notice shall identify: theinstallation; the name and address of the per-mittee; the name and address of the permit-ting authority; the activity(ies) involved in thepermit action; any emissions change involvedin the proposed minor permit modification;the name, address and telephone number of aperson from whom interested persons mayobtain additional information, includingcopies of the draft permit, the application, allrelevant supporting materials and all othermaterials available to the permitting authoritythat are relevant to the permit decision; and

(c) The permitting authorityshall provide public notice, as provided inthis section, promptly upon receipt of thesource’s minor permit modification applica-tion; however, the timing and content of thisnotice shall not be grounds for a challenge tothe permitting authority’s final action.

C. Group processing of minor permitmodifications. Pursuant to this paragraph(6)(E)5., the permitting authority may modi-fy the procedures outlined in this section (6)to process groups of an installation’s applica-tions for certain modifications eligible forminor permit modification processing.

(I) Criteria. Group processing ofproposed minor permit modifications may beused only for those which—

(a) Meet the criteria for minorpermit modification procedures under thissection; and

(b) Collectively are below thefollowing threshold level: ten percent (10%)of the emissions allowed by the permit for theemissions unit for which the change is pro-posed; twenty percent (20%) of the applica-ble definition of a part 70 installation; or five(5) tons per year, whichever is least.

(II) Applications. An applicationrequesting the use of group processing proce-dures shall meet the requirements of this sub-paragraph and shall include the following:

(a) A description of the change,the emissions resulting from the change andany new applicable requirements that willapply if the change occurs;

(b) The applicant’s draft modi-fied permit;

(c) Certification by a responsibleofficial, consistent with this section, that theproposed modification meets the criteria for

use of group processing procedures and arequest that these procedures be used;

(d) A list of the installation’sother pending applications awaiting groupprocessing and a determination of whetherthe requested modification, aggregated withthese other applications, equals or exceedsthe threshold established under this section(6);

(e) Certification, consistent withthis section (6), that the applicant has notifiedthe administrator of the proposed modifica-tion. This notification need only contain abrief description of the proposed modifica-tion; and

(f) Completed forms for the per-mitting authority to use to notify the admin-istrator and affected states.

(III) Administrator and affectedstate notification. On a quarterly basis orwithin five (5) business days after receipt ofan application demonstrating that the aggre-gate of an installation’s pending applicationsequals or exceeds the threshold level estab-lished under this section, whichever is earli-er, the permitting authority promptly, inaccordance with section (7) of this rule, shallnotify the administrator and affected states ofthe proposed permit modifications. The per-mitting authority shall send any noticerequired to the administrator.

(IV) Timetable for issuance. Theprovisions of this section shall apply to mod-ifications eligible for group processing,except that the permitting authority shall takeone (1) of the actions specified in this para-graph within one hundred eighty (180) daysafter receipt of the application or fifteen (15)days after the end of the administrator’s forty-five (45)-day review period, whichever islater.

(V) Installation’s ability to makechange. The provisions of this subpart(6)(E)5.B.(II)(f) shall apply to modificationseligible for group processing.

(VI) Permit shield not applicable.The provisions of part (6)(E)5.B.(III) shallapply to modifications eligible for group pro-cessing.

(VII) Public notice. The provisionsof this part (6)(E)5.B.(IV) shall apply tomodifications eligible for group processing.

D. Significant permit modifications.(I) Definition. Any permit revision

which is not a minor modification or admin-istrative permit amendment is a significantpermit modification. This revision includes,but is not limited to, significant changes inmonitoring, reporting or record keeping per-mit terms and any change in the method ofmeasuring compliance with existing permitrequirements. Criteria for determining



whether a proposed change is significantshall include the magnitude of the change andthe resulting impact on the environment.

(II) Procedures.(a) An applicant for a significant

permit modification shall adhere to all therelevant requirements for an initial permitapplication under section (6) of this rule, aswell as requirements for public participationunder section (7), and review by the adminis-trator and affected states under subsection(6)(F) except—

I. The applicant should use theform for a significant permit modificationapplication, rather than the form for an initialpermit issuance; and

II. The permitting authoritywill complete review of significant permitmodification applications within nine (9)months after receipt of an application.

6. Reopening permits for cause.A. Cause to reopen. A part 70 oper-

ating permit shall be reopened for cause if—(I) The permitting authority

receives notice from the administrator thatthe administrator has granted a petition fordisapproval of a permit pursuant to 40 CFR70.8(d), provided that the reopening may bestayed pending judicial review of that deter-mination;

(II) The permitting authority or theadministrator determines that the permit con-tains a material mistake or that inaccuratestatements were made in establishing theemissions limitations standards or otherterms of the permit;

(III) Additional applicable require-ments under the Act become applicable to theinstallation; however, reopening on thisground is not required if—

(a) The permit has a remainingterm of less than three (3) years;

(b) The effective date of therequirement is later than the date on whichthe permit is due to expire; or

(c) The additional applicablerequirements are implemented in a generalpermit that is applicable to the installationand the installation receives authorization forcoverage under that general permit;

(IV) The installation is an affectedsource under the acid rain program and addi-tional requirements (including excess emis-sions requirements) become applicable to thatsource, provided that, upon approval by theadministrator, excess emissions offset plansshall be deemed to be incorporated into thepermit; or

(V) The permitting authority or theadministrator determines that the permit mustbe reopened and revised to assure compliancewith applicable requirements.

B. Notice to the permittee. If the per-mitting authority finds reason to believe thata permit should be reopened for cause, itshall provide at least thirty (30) day’s priorwritten notice to the permittee, except thenotice period may be less if the permittingauthority finds that an emergency exists.

(I) This notice shall include a state-ment of the terms and conditions that the per-mitting authority proposes to change, deleteor add to the permit. If the permitting author-ity does not have sufficient information todetermine the terms and conditions that mustbe changed, deleted or added to the permit,the notice shall request the permittee to pro-vide that information within a period of timespecified in the notice, which shall be not lessthan thirty (30) days except in the case of anemergency.

(II) If the proposed reopening ispursuant to subparagraph (6)(E)6.A. of thisrule, the permitting authority shall give thepermittee an opportunity to provide evidencethat the permit should not be reopened.

C. Procedures for reissuance. In reis-suing the permit, the permitting authorityshall follow the procedures established undersubsection (6)(E). The permittee shall in allcases be afforded an opportunity to commenton the revised permit terms.

D. Judicial review. Upon issuance ofthe revised permit, both the determination toreopen the permit and the revised permitterms shall be subject to judicial review.

E. Extension of permit shield. Whilea reopening proceeding is pending, the per-mittee shall be entitled to the continued pro-tection of any permit shield provided in thepermit pending issuance of a revised permit,unless the permitting authority specificallysuspends the permit shield on the basis of afinding that this suspension is necessary toimplement applicable requirements. If thisfinding applies only to certain applicablerequirements or to certain permit terms, thesuspension shall extend only to those require-ments or terms.

F. Deadline for completion. Anyreopening and reissuance proceeding shall becompleted within eighteen (18) months afterpromulgation of the applicable requirements.

7. Reopening permits for cause by theadministrator.

A. Notice of cause. If the permittingauthority receives notice from the administra-tor that the administrator has found cause torevoke, modify or reopen and reissue a part70 operating permit, the permitting authority,within ten (10) days after receipt of this noti-fication, shall provide notice to the permittee.The notice to the permittee shall include acopy of the notice from the administrator and

invite the permittee to comment in writing onthe proposed action.

B. Proposed permitting authorityresponse. Within ninety (90) days followingreceipt of the notification from the adminis-trator, the permitting authority shall issue andforward to the administrator a proposeddetermination in response to the administra-tor’s notification. The permitting authoritymay request an additional ninety (90) days forthis submission if this time is required toobtain a new or revised permit application orother information from the permittee.

C. Comment by the administrator.The permitting authority shall address anyfurther comment or objection from theadministrator on the permitting authority’sresponse to the administrator notificationpursuant to this section.

8. Revocations and terminations.A. Cause for revocation. The permit-

ting authority may revoke a part 70 operatingpermit only upon request of the permittee orfor cause. For purposes of this section, causefor revocation exists if—

(I) There is a pattern of unresolvedand repeated noncompliance with the termsand conditions of the permit and the permit-tee has refused to take appropriate action(such as a schedule of compliance) to resolvethe noncompliance;

(II) The permittee has failed to dis-close material facts relevant to issuance of thepermit or has knowingly submitted false ormisleading information to the permittingauthority;

(III) The permitting authority findsthat the permitted installation or activityendangers public health, safety or the envi-ronment, and that the danger cannot beremoved by a modification of the terms of thepermit; or

(IV) The permittee has failed to paya civil or criminal penalty imposed for viola-tions of the permit.

B. Notice to permittee. Upon findingthat cause exists for the revocation of a per-mit, the permitting authority shall notify thepermittee of that finding in writing, statingthe reasons for the proposed revocation.Within thirty (30) days following receipt ofthe notice, the permittee may submit writtencomments concerning the proposed revoca-tion. If the permitting authority after thatmakes a final determination to revoke the per-mit, it shall provide a written notice to thepermittee specifying the reasons for the deci-sion and the effective date of the revocation.

C. Conditional revocation. A permitrevocation issued under this section may beissued conditionally, with a future effectivedate, and may specify that the revocation will





not take effect if the permittee satisfies thespecified conditions before the effective date.

D. Application for termination. Apermittee may apply at any time for termina-tion of all or a portion of its part 70 operat-ing permit relating solely to operations, activ-ities and emissions that have beenpermanently discontinued at the permittedinstallation. An application for terminationshall identify with specificity the permit orpermit terms that relate to the discontinuedoperations, activities and emissions. The per-mitting authority shall act on an applicationfor termination on this ground within ninety(90) days after receipt, and shall grant theapplication for termination upon finding thatthe permit terms for which termination issought relate solely to operations, activitiesand emissions that have been permanentlydiscontinued. In terminating all or portions ofa permit pursuant to this subsection, the per-mitting authority may make appropriateorders for the submission of a final report orother information from the permittee to veri-fy the complete discontinuation of the rele-vant operations, activities and emissions.

E. Application for termination basedon general permit. A permittee may apply fortermination of its permit on the ground thatits operations, activities and emissions arefully covered by a general permit for which ithas applied and received coverage. The per-mitting authority shall act on an applicationfor termination on this ground within ninety(90) days after receipt, and shall grant theapplication upon a finding that the permit-tee’s installation’s operations, activities andemissions are fully covered by a general per-mit.

F. Application for new permit. Aninstallation that has received a final revoca-tion or termination of its permit may applyfor a new permit.

9. Case-by-case determinations. Ifapplicable requirements require the permit-ting authority to make a case-by-case deter-mination of an emission limitation, technolo-gy requirement, work practice standard orother requirement for an installation, and toinclude terms and conditions implementingthat determination in the installation’s part 70operating permit, the installation shallinclude in its permit application a proposeddetermination, together with the data andother information upon which the determina-tion is to be based, and proposed terms andconditions to implement the determination.Upon receipt of a request from the applicant,the permitting authority shall meet with theapplicant before the permit application is sub-mitted to discuss the determination and theinformation required to make it. In the eventthe permitting authority determines that theapplicant’s proposed determination and

implementing terms and conditions should berevised in the draft permit or the final permit,the permitting authority shall in all casesinform the applicant of the changes to bemade, and allow the applicant to comment onthose changes before issuing the draft permitor final permit.

10. Public participation. The proceduresof section (7) of this rule shall be followed.

11. Judicial review. Any final action ingranting or denying an application for a per-mit, permit amendment or modification orpermit renewal shall be subject to MissouriAir Conservation Commission review as pro-vided in 643.078 and 643.130, RSMo uponan appeal filed by the applicant or permittee,or by any affected state or other person whoparticipated in the public comment process.If no public comment procedure wasemployed for the action under challenge, anapplication for review may be filed by thepermittee or an affected state. The opportuni-ty for judicial review provided for in this sub-section shall be the exclusive means forobtaining judicial review of any permitaction.

A. Deadline for filing. No applicationfor judicial review may be filed more thanninety (90) days following the final action onwhich review is sought, unless the groundsfor review arose at a later time, in which casethe application for review shall be filed with-in ninety (90) days of the date on which thegrounds for review first arose, and reviewshall be limited to such later-arising grounds.

B. Scope of review. Any applicationfor judicial review shall be limited to issuesthat—

(I) Were raised in written com-ments filed with the permitting authority orduring a public hearing on the proposed per-mit action (if the grounds on which review issought were known at that time), except thatthis restriction shall not apply if the personseeking review was not afforded an advanceopportunity to comment on the challengedaction; and

(II) Are germane and material tothe permit action at issue.

C. Deadline for final action. For pur-poses of this section (6), final action shallinclude a failure by the permitting authorityto take final action to issue or deny an appli-cation within the time specified in these reg-ulations.

(F) Permit Review by the Administratorand Affected States.

1. Administrator review.A. Copies of applications, proposals

and final actions. The applicant will providetwo (2) copies of the information included inan application under this section. The per-mitting authority will forward to the adminis-trator one (1) copy of each permit applica-

tion, including application for permit modifi-cation, request for validation, application forpermit renewal, draft permit and each finaloperating permit, modified permit and permitrenewal.

B. Administrator’s objection. No per-mit shall be issued or validated under thissection if the administrator objects to itsissuance in writing within forty-five (45) daysafter receipt of the draft permit, modifiedpermit or permit renewal and all necessarysupporting information.

C. Failure to respond to objection. Ifthe permitting authority does not respond toan objection of the administrator by transmit-ting a revised draft permit, modified permitor renewal permit within ninety (90) daysafter receipt of such objection, the adminis-trator may issue or deny the permit, modifiedpermit or permit renewal in accordance withthe Act.

D. Public petitions for objection. Ifthe administrator does not object to a pro-posed permit action, any person may petitionthe administrator to make an objection with-in sixty (60) days after expiration of theadministrator’s forty-five (45)-day reviewperiod.

(I) This petition may only be basedon objections raised during the public reviewprocess, unless the petitioner demonstratesthat it was impracticable to raise objectionduring the public review period (includingwhen the grounds for objection arose afterthat period).

(II) If the administrator responds toa petition filed under this section by issuingan objection, the permitting authority will notissue the permit until the objection has beenresolved. If the permit was issued after theadministrator’s forty-five (45)-day reviewperiod, and prior to any objection by theadministrator, the permitting authority shalltreat that objection as if the administratorwere reopening the permit for cause. In thesecircumstances, the petition to the administra-tor does not stay the effectiveness of theissued permit, and the permittee shall not bein violation of the requirement to have sub-mitted a complete and timely permit applica-tion.

2. Affected state review.A. Notice of draft actions. The per-

mitting authority will give notice of eachdraft permit, modified permit and renewedpermit to any affected state on or before thetime that the permitting authority providesnotice to the public, except in the case ofminor permit modifications. Affected statesmay comment on the draft permit action dur-ing the period allowed for public comment,as shall be set forth in a notice to affectedstates.



B. Refusal to accept recommenda-tions. If the permitting authority refuses toaccept all recommendations for a proposedpermit action that any affected state has sub-mitted during the review period, the permit-ting authority shall notify the administratorand the affected state in writing of its reasonsfor not accepting the recommendations.

(7) Public Participation. Except for proposedmodifications qualifying for the minor permitmodification procedures, all permit proceed-ings, including initial permit issuance, signif-icant permit modifications and permitrenewals, shall be conducted in accordancewith the procedures for public participationin this section (7).

(A) Drafts for Public Comment and PublicNotice. After receipt of an application for apermit, significant permit modification orpermit renewal and no later than sixty (60)days before the deadline for issuance of a per-mit, significant permit modification or permitrenewal for the administrator’s review, thepermitting authority shall issue a draft permitand solicit comment from the applicant,affected states and the public as follows:

1. The permitting authority shall providenotice to the public by—

A. Making available in at least one (1)location in the area in which the installationis located a public file containing copies of allmaterials that the applicant has submittedother than those granted confidential treat-ment, copies of the preliminary determina-tion and draft permit, modified permit or per-mit renewal, and a copy or summary of othermaterials, if any, considered in making thepreliminary permit determination;

B. Publishing, by advertisement in atleast one (1) newspaper of general circulationin the area in which the installation is locat-ed, a notice of the application, the prelimi-nary permit determination, the location of thepublic file, the procedures for submittingwritten comments and for requesting a publichearing, and the date, time and location for apublic hearing if one is to be held.

2. Copies of the notice required shall besent to the applicant and to the representa-tives of affected states designated by thosestates to receive the notices.

(B) Public Notice. The public notice shallestablish a period of not less than thirty (30)days following publication of the notice forthe submission of written comments, andshall identify the affected installation, thename and address of the applicant or permit-tee, the name and address of a permittingauthority representative with responsibilityfor the permitting action, the activity(ies)involved in the permit action, the emissionschange involved in any permit modificationand the location of the public file.

(C) Public Hearing Opportunity. The per-mitting authority shall hold an informal pub-lic hearing on the draft permit, modified per-mit or permit renewal if—

1. A timely request is made for such ahearing during the public comment period;and

2. The person requesting the hearingidentifies material issues concerning the pre-liminary permit determination and the per-mitting authority determines that a publichearing will be useful in resolving thoseissues.

(D) Time of Public Hearing. Any publichearing held under this section shall be heldno earlier than the thirty-first day followingpublication of the public notice and no laterthan the thirtieth day preceding the deadlinefor the draft permit, modified permit or per-mit renewal under this section.

(E) Scope of Public Hearing. The permit-ting authority may limit participation at thepublic hearing to issues raised in writtencomments submitted during the public com-ment period. The officer conducting the hear-ing, as appropriate, may impose additionallimitations, including time restrictions.

(F) Applicant’s Opportunity to Respond toComments. The applicant shall be affordedan opportunity to submit, within ten (10) daysfollowing the close of the public commentperiod or the public hearing, whichever islater, a response to any comments made.

(G) Consideration of Comments Received.The permitting authority shall consider allcomments submitted by the applicant, thepublic and affected states in reaching its finaldetermination and issuing the proposed per-mit, modified permit or permit renewal forthe administrator’s review. The permittingauthority shall maintain a list of all com-menters and a summary of the issues raisedand shall make that information available inthe public file and supply it to the adminis-trator upon request.

(H) Written Response to Comments. At thetime a draft permit, modified permit or per-mit renewal is proposed for the administra-tor’s review, the permitting authority shallissue a written response to all comments sub-mitted by affected states and all significantcomments submitted by the applicant and thepublic. Copies of this written response shallbe provided to the administrator, affectedstates and the applicant and a copy shall beplaced in the public file.

AUTHORITY: section 643.050, RSMo2000.* Original rule filed Sept. 2, 1993,effective May 9, 1994. Amended: Filed June5, 1995, effective Jan. 30, 1996. Amended:Filed Oct. 3, 1995, effective June 30, 1996.Amended: Filed Aug. 14, 1997, effectiveApril 30, 1998. Amended: Filed Sept. 22,

1999, effective May 30, 2000. Amended:Filed Sept. 4, 2001, effective May 30, 2002.Amended: Filed July 19, 2002, effective April30, 2003. Amended: Filed March 5, 2003,effective Oct. 30, 2003. Amended: Filed Dec.14, 2004, effective Sept. 30, 2005.


10 CSR 10-6.070 New Source PerformanceRegulations

PURPOSE: This rule establishes acceptabledesign and performance criteria for specifiednew or modified emission sources.

PUBLISHER’S NOTE: The secretary ofstate has determined that the publication ofthe entire text of the material which is incor-porated by reference as a portion of this rulewould be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency atits headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.

(1) Applicability.(A) The provisions of 40 CFR part 60 pro-

mulgated June 30, 2003 and hereby incorpo-rated by reference in this rule, as publishedby the Office of the Federal Register, U.S.National Archives and Records, 700 Pennsyl-vania Avenue NW, Washington, DC 20408.This rule does not incorporate any subse-quent amendments or additions.

(B) Exceptions to the adoption are as fol-lows:

1. Sections 60.4, 60.9 and 60.10 of sub-part A;

2. Subpart B in its entirety;3. Those provisions which are not dele-

gable by United States Environmental Protec-tion Agency (EPA). Examples of these arelisted as follows:

A. Innovative Technology Waivers(for example, sections 60.47, 60.286 and60.398);

B. Commercial Demonstration Per-mits (for example, section 60.45a);

C. Alternative or Equivalent Methods(for example, sections 60.8(b)(2), 60.8(b)(3),60.11(e), 60.114(a), 60.195(b), 60.302(d)(3),60.482-1(c)(2), 60.484, 60.493(b)(2)(i)(A),60.496(a)(1), 60.592(c) and 60.623); and

D. National Consistency (for exam-ple, sections 60.332(a)(3) and 60.335(f)(1));and

4. Incinerators which are subject to Haz-ardous Waste Management Commission rule



40 CFR 264, subpart O as incorporated in 10CSR 25-7.264 shall not be subjected to therequirements of this rule. The exemptionsgranted under 40 CFR 264.340(b) as incor-porated in 10 CSR 25-7.264 are subject tothis rule. All other applicable requirements ofthis chapter shall remain in effect as to theincinerators.

(C) Where emission limitations, test proce-dure or other requirements found in both sub-section (1)(A) of this rule and in another ruleunder Title 10 Division 10 of the Code ofState Regulations are applicable to an emis-sion source, the more restrictive rule require-ment shall be applied.

(2) Definitions. Certain terms used in 40CFR part 60 refer to federal officers, agen-cies and publications. The following termsapplicable to Missouri shall be substitutedwhere appropriate for the delegable federalcounterparts:

(A) Director shall be substituted forAdministrator;

(B) Missouri Department of NaturalResources shall be substituted for EPA, EPARegional Office or Environmental ProtectionAgency; and

(C) Missouri Register shall be substitutedfor Federal Register.

(3) General Provisions. The following are theNew Source Performance Standards (NSPS)40 CFR part 60 subparts that are adopted byreference in subsection (1)(A) of this rule.Individual source operations or installationsin these categories are subject to this rulebased on date of commencement of construc-tion and other category specific parameters,as specified in the applicable subpart:

Subpart Title(D) Fossil-Fuel Fired Steam Generators(Da) Electric Utility Steam Generating

Units(Db) Industrial-Commercial-Institutional

Steam Generating Units(Dc) Small Industrial-Commercial-Institu-

tional Steam Generating Units(E) Incinerators(Ea) Municipal Waste Combustors con-

structed after December 20, 1989, and on orbefore September 20, 1994

(Eb) Municipal Waste Combustors con-structed after September 20, 1994

(Ec) Hospital/Medical/Infectious WasteIncinerators constructed after June 20, 1996

(F) Portland Cement Plants(G) Nitric Acid Plants(H) Sulfuric Acid Plants(I) Asphalt Concrete Plants(J) Petroleum Refineries(K) Storage Vessels for Petroleum Liquids

after June 11, 1973(Ka) Storage Vessels for Petroleum Liquids(Kb) Volatile Organic Liquid Storage Ves-

sels (Including Petroleum Liquid StorageVessels) after July 23, 1984

(L) Secondary Lead Smelters(M) Secondary Brass and Bronze Produc-

tion Plants(N) Primary Emissions from Basic Oxygen

Process Furnaces(Na) Secondary Emissions from Basic

Oxygen Process Steelmaking Facilities(O) Sewage Treatment Plants(P) Primary Copper Smelters(Q) Primary Zinc Smelters(R) Primary Lead Smelters(S) Primary Aluminum Reduction Plants(T) Phosphate Fertilizer Industry: Wet-

Process Phosphoric Acid Plants(U) Phosphate Fertilizer Industry: Super-

phosphoric Acid Plants(V) Phosphate Fertilizer Industry: Diam-

monium Phosphate Plants(W) Phosphate Fertilizer Industry: Triple

Superphosphate Plants(X) Phosphate Fertilizer Industry: Granu-

lar Triple Superphosphate Storage Facilities(Y) Coal Preparation Plants(Z) Ferroalloy Production Facilities(AA) Steel Plants: Electric Arc Furnaces(AAa) Steel Plants: Electric Arc Furnaces

and Argon-Oxygen Decarburization Vessels(BB) Kraft Pulp Mills(CC) Glass Manufacturing Plants(DD) Grain Elevators(EE) Surface Coating of Metal Furniture(GG) Stationary Gas Turbines(HH) Lime Manufacturing Plants(KK) Lead-Acid Battery Manufacturing

Plants(LL) Metallic Mineral Processing Plants(MM) Automobile and Light-Duty Truck

Surface Coating Operations(NN) Phosphate Rock Plants(PP) Ammonium Sulfate Manufacture(QQ) Graphic Arts Industry: Publication

Rotogravure Printing(RR) Pressure Sensitive Tape and Label

Surface Coating Operations(SS) Industrial Surface Coating: Large Ap-

pliances(TT) Metal Coil Surface Coating(UU) Asphalt Processing and Asphalt

Roofing Manufacture(VV) Equipment Leaks of VOC in the Syn-

thetic Organic Chemicals ManufacturingIndustry

(WW) Beverage Can Surface CoatingIndustry

(XX) Bulk Gasoline Terminals(AAA) New Residential Wood Heaters(BBB) Rubber Tire Manufacturing Indus-

try(DDD) Polymer Manufacturing Industry(FFF) Flexible Vinyl and Urethane Coat-

ing and Printing

(GGG) Equipment Leaks of VOC in Petro-leum Refineries

(HHH) Synthetic Fiber Production Facili-ties

(III) VOC Emissions from SOCMI AirOxidation Unit Processes

(JJJ) Petroleum Dry Cleaners(KKK) Equipment Leaks of VOC From

Onshore Natural Gas Processing Plants(LLL) Onshore Natural Gas Processing:

SO2 Emissions(NNN) VOC Emissions from SOCMI Dis-

tillation Operations(OOO) Nonmetallic Mineral Processing

Plants(PPP) Wool Fiberglass Insulation Manu-

facturing Plants(QQQ) VOC Emissions From Petroleum

Refinery Wastewater Systems(RRR) Synthetic Organic Chemical Manu-

facturing Reactor Processes(SSS) Magnetic Tape Coating Facilities(TTT) Industrial Surface Coating: Surface

Coating of Plastic Parts for BusinessMachines

(UUU) Calciners and Dryers in MineralIndustries

(VVV) Polymeric Coating of SupportingSubstrates Facilities

(WWW) Municipal Solid Waste Landfills(AAAA) Small Municipal Waste Combus-

tion Units for Which Construction is Com-menced After August 30, 1999 or for WhichModification or Reconstruction is Com-menced After June 6, 2001

(CCCC) Commercial and Industrial SolidWaste Incineration Units for Which Con-struction Is Commenced After November 30,1999 or for Which Modification or Recon-struction Is Commenced on or After June 1,2001

(4) Reporting. Reporting requirements arespecified in each federal regulation adoptedby reference.

(5) Test Methods.(A) Relation to 10 CSR 10-6.030 Sampling

Methods for Air Pollution Sources. The sam-pling methods given in 40 CFR part 60,Appendix A and specified in 10 CSR 10-6.030 shall be effective as of the date in sec-tion (1) of this rule.

(B) Relation to 10 CSR 10-6.040 Refer-ence Methods. The reference methods givenin 40 CFR parts 50 and 53 and specified in10 CSR 10-6.040(4) shall be effective as ofthe date in section (1) of this rule.

AUTHORITY: section 643.050, RSMo2000.* Original rule filed Dec. 10, 1979,effective April 11, 1980. Amended: Filed Feb.9, 1981, effective July 11, 1981. Amended:Filed Dec. 10, 1981, effective June 11, 1982.

Amended: Filed Dec. 15, 1982, effective May12, 1983. Amended: Filed Jan. 12, 1983,effective June 11, 1983. Amended: Filed Feb.14, 1984, effective July 12, 1984. Amended:Filed March 14, 1985, effective Aug. 26,1985. Amended: Filed June 5, 1986, effectiveSept. 26, 1986. Amended: Filed April 2,1987, effective Aug. 27, 1987. Amended:Filed March 2, 1988, effective June 27,1988. Amended: Filed June 6, 1989, effectiveOct. 27, 1989. Amended: Filed March 31,1992, effective Feb. 26, 1993. Amended:Filed March 25, 1993, effective Nov. 8, 1993.Amended: Filed June 30, 1994, effective Feb.26, 1995. Amended: Filed Sept. 14, 1995,effective May 30, 1996. Amended: Filed July15, 1997, effective Feb. 28, 1998. Amended:Filed March 15, 1999, effective Oct. 30,1999. Amended: Filed July 30, 1999, effec-tive March 30, 2000. Amended: Filed May15, 2000, effective Dec. 30, 2000. Amended:Filed Jan. 31, 2002, effective Sept. 30, 2002.Amended: Filed Feb. 14, 2003, effective Oct.30, 2003. Amended: Filed Feb. 17, 2005,effective Nov. 30, 2005.


10 CSR 10-6.075 Maximum AchievableControl Technology Regulations

PURPOSE: This rule establishes emissioncontrol technology, performance criteria andwork practices to achieve emission standardsfor sources that emit or have the potential toemit hazardous air pollutants.

PUBLISHER’S NOTE: The secretary ofstate has determined that the publication ofthe entire text of the material which is incor-porated by reference as a portion of this rulewould be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency atits headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.


mulgated June 30, 2003 and hereby incorpo-rated by reference in this rule, as publishedby the Office of the Federal Register, U.S.National Archives and Records, 700 Pennsyl-vania Avenue NW, Washington, DC 20408.This rule does not incorporate any subse-quent amendments or additions.


1. Sections 63.13 and 60.15(a)(2) ofsubpart A; and

2. Those provisions which are not dele-gable by United States Environmental Protec-tions Agency (EPA). Examples of theseinclude alterative or equivalent methods (forexample, sections 63.102(b), 63.150(I)(1)through (I)(4), and 63.177).

(C) In addition to complying with the pro-visions of this rule, affected sources may berequired to obtain an operating permit pur-suant to Title V of the Clean Air Act Amend-ments or 10 CSR 10-6.065.

(D) Where emission limitations, test pro-cedures or other requirements found in bothsubsection (1)(A) of this rule and in anotherrule under Title 10 Division 10 of the Code ofState Regulations are applicable to an emis-sion source, the more restrictive rule require-ment shall be applied.



(B) Missouri Department of Natural Re-sources shall be substituted for EPA, EPARegional Office or Environmental ProtectionAgency; and


(3) General Provisions. The following are theMaximum Achievable Control Technology(MACT) 40 CFR part 63 subparts that areadopted by reference in subsection (1)(A) ofthis rule. Individual source operations orinstallations in these categories are subject tothis rule based on category specific parame-ters, as specified in the applicable subpart:

Subpart Title

(F) National Emission Standards forOrganic Hazardous Air Pollutants From theSynthetic Organic Chemical ManufacturingIndustry

(G) National Emission Standards forOrganic Hazardous Air Pollutants From theSynthetic Organic Chemical ManufacturingIndustry for Process Vents, Storage Vessels,Transfer Operations, and Wastewater

(H) National Emission Standards forOrganic Hazardous Air Pollutants for Equip-ment Leaks

(I) National Emission Standards for Organ-ic Hazardous Air Pollutants for CertainProcesses Subject to the Negotiated Regula-tion for Equipment Leaks

(L) National Emission Standards for CokeOven Batteries

(M) National Perchloroethylene Air Emis-sion Standards for Dry Cleaning Facilities

(N) National Emission Standards forChromium Emissions From Hard and Deco-rative Chromium Electroplating and Chromi-um Anodizing Tanks

(O) Ethylene Oxide Emissions Standardsfor Sterilization Facilities

(Q) National Emission Standards for Haz-ardous Air Pollutants for Industrial ProcessCooling Towers

(R) National Emission Standards for Gaso-line Distribution Facilities (Bulk GasolineTerminals and Pipeline Breakout Stations)

(S) National Emission Standards for Haz-ardous Air Pollutants from the Pulp andPaper Industry

(T) National Emission Standards for Halo-genated Solvent Cleaning

(U) National Emission Standards for Haz-ardous Air Pollutant Emissions: Group IPolymers and Resins

(W) National Emission Standards for Haz-ardous Air Pollutants for Epoxy Resins Pro-duction and Non-Nylon Polyamides Produc-tion

(X) National Emission Standards for Haz-ardous Air Pollutants From Secondary LeadSmelting

(Y) National Emission Standards forMarine Tank Vessel Loading Operations

(AA) National Emission Standards forHazardous Air Pollutants From PhosphoricAcid Manufacturing Plants

(BB) National Emission Standards forHazardous Air Pollutants From PhosphateFertilizers Production Plants

(CC) National Emission Standards forHazardous Air Pollutants from PetroleumRefineries

(DD) National Emission Standards forHazardous Air Pollutants from Off-SiteWaste and Recovery Operations

(EE) National Emission Standards forMagnetic Tape Manufacturing Operations

(GG) National Emission Standards forAerospace Manufacturing and ReworkFacilities

(HH) National Emission Standards forHazardous Air Pollutants From Oil and Nat-ural Gas Production Facilities

(II) National Emission Standards for Ship-building & Ship Repair (Surface Coating)

(JJ) National Emission Standards for WoodFurniture Manufacturing Operations

(KK) National Emission Standards for thePrinting and Publishing Industry

(LL) National Emission Standards forHazardous Air Pollutants for Primary Alu-minum Reduction Plants

(MM) National Emission Standards forHazardous Air Pollutants for ChemicalRecovery Combustion Sources at Kraft,





Soda, Sulfite, and Stand-Alone SemichemicalPulp Mills

(OO) National Emission Standards forTanks—Level 1

(PP) National Emission Standards for Con-tainers

(QQ) National Emission Standards for Sur-face Impoundments

(RR) National Emission Standards forIndividual Drain Systems

(SS) National Emission Standards forClosed Vent Systems, Control Devices,Recovery Devices and Routing to a Fuel GasSystem or a Process

(TT) National Emission Standards forEquipment Leaks—Control Level 1

(UU) National Emission Standards forEquipment Leaks—Control Level 2 Stan-dards

(VV) National Emission Standards for Oil-Water Separators and Organic-Water Separa-tors

(WW) National Emission Standards forStorage Vessels (Tanks)—Control Level 2

(YY) National Emission Standards forHazardous Air Pollutants for Source Cate-gories: Generic Maximum Achievable Con-trol Technology Standards

(CCC) National Emission Standards forHazardous Air Pollutants for Steel Pickling-HCl Process Facilities and Hydrochloric AcidRegeneration Plants

(DDD) National Emission Standards forHazardous Air Pollutants for Mineral WoolProduction

(EEE) National Emission Standards forHazardous Air Pollutants From HazardousWaste Combustors

(GGG) National Emission Standards forPharmaceuticals Production

(HHH) National Emission Standards forHazardous Air Pollutants From Natural GasTransmission and Storage Facilities

(III) National Emission Standards for Haz-ardous Air Pollutants for FlexiblePolyurethane Foam Production

(JJJ) National Emission Standards for Haz-ardous Air Pollutant Emissions: Group IVPolymers and Resins

(LLL) National Emission Standards forHazardous Air Pollutants From the PortlandCement Manufacturing Industry

(MMM) National Emission Standards forHazardous Air Pollutants for Pesticide ActiveIngredient Production

(NNN) National Emission Standards forHazardous Air Pollutants for Wool FiberglassManufacturing

(OOO) National Emission Standards forHazardous Air Pollutant Emissions: Manu-facture of Amino/Phenolic Resins

(PPP) National Emission Standards forHazardous Air Pollutant Emissions for Poly-ether Polyols Production

(QQQ) National Emission Standards forHazardous Air Pollutant Emissions for Pri-mary Copper Smelting

(RRR) National Emission Standards forHazardous Air Pollutants: Secondary Alu-minum Production

(TTT) National Emission Standards forHazardous Air Pollutants for Primary LeadSmelting

(UUU) National Emission Standards forHazardous Air Pollutants for PetroleumRefineries: Catalytic Cracking Units, Cat-alytic Reforming Units, and Sulfur RecoveryUnits

(VVV) National Emission Standards forHazardous Air Pollutants: Publicly OwnedTreatment Works

(XXX) National Emission Standards forHazardous Air Pollutants for Ferroalloys Pro-duction: Ferromanganese and Silicoman-ganese

(AAAA) National Emission Standards forHazardous Air Pollutants: Municipal SolidWaste Landfills

(CCCC) National Emission Standards forHazardous Air Pollutants: Manufacturing ofNutritional Yeast

(GGGG) National Emission Standards forHazardous Air Pollutants: Solvent Extractionfor Vegetable Oil Production

(HHHH) National Emission Standards forHazardous Air Pollutants for Wet-FormedFiberglass Mat Production

(JJJJ) National Emission Standards forHazardous Air Pollutants: Paper and OtherWeb Coating

(NNNN) National Emission Standards forHazardous Air Pollutants: Surface Coating ofLarge Appliances

(OOOO) National Emission Standards forHazardous Air Pollutants: Printing, Coating,and Dyeing of Fabrics and Other Textiles

(QQQQ) National Emission Standards forHazardous Air Pollutants: Surface Coating ofWood Building Products

(RRRR) National Emission Standards forHazardous Air Pollutants: Surface Coating ofMetal Furniture

(SSSS) National Emission Standards forHazardous Air Pollutants: Surface Coating ofMetal Coil

(TTTT) National Emission Standards forHazardous Air Pollutants for Leather Finish-ing Operations

(UUUU) National Emission Standards forHazardous Air Pollutants for Cellulose Prod-ucts Manufacturing

(VVVV) National Emission Standards forHazardous Air Pollutants for BoatManufacturing

(WWWW) National Emission Standardsfor Hazardous Air Pollutants: ReinforcedPlastic Composites Production

(XXXX) National Emission Standards forHazardous Air Pollutants: Rubber Tire Man-ufacturing

(BBBBB) National Emission Standards forHazardous Air Pollutants for SemiconductorManufacturing

(CCCCC) National Emission Standards forHazardous Air Pollutants for Coke Ovens:Pushing, Quenching, and Battery Stacks

(DDDDD) National Emission Standardsfor Hazardous Air Pollutants: Asphalt Pro-cessing and Asphalt Roofing Manufacturing

(FFFFF) National Emission Standards forHazardous Air Pollutants for Integrated Ironand Steel Manufacturing Facilities

(JJJJJ) National Emission Standards forHazardous Air Pollutants for Brick and Struc-tural Clay Products Manufacturing

(KKKKK) National Emission Standardsfor Hazardous Air Pollutants for Clay Ceram-ics Manufacturing

(MMMMM) National Emission Standardsfor Hazardous Air Pollutants: FlexiblePolyurethane Foam Fabrication Operations

(NNNNN) National Emission Standardsfor Hazardous Air Pollutants: HydrochloricAcid Production

(PPPPP) National Emission Standards forHazardous Air Pollutants for Engine TestCells/Standards

(QQQQQ) National Emission Standardsfor Hazardous Air Pollutants for FrictionMaterials Manufacturing Facilities


(5) Test Methods. Test methods are specifiedin each federal regulation adopted by refer-ence.

AUTHORITY: section 643.050, RSMo2000.* Original rule filed May 1, 1996,effective Dec. 30, 1996. Amended: FiledApril 14, 1998, effective Nov. 30, 1998.Amended: Filed March 15, 1999, effectiveOct. 30, 1999. Amended: Filed July 30,1999, effective March 30, 2000. Amended:Filed May 15, 2000, effective Dec. 30, 2000.Amended: Filed Jan. 31, 2002, effective Sept.30, 2002. Amended: Filed Feb. 14, 2003,effective Oct. 30, 2003. Amended: Filed Feb.17, 2005, effective Nov. 30, 2005.


10 CSR 10-6.080 Emission Standards forHazardous Air Pollutants

PURPOSE: This rule establishes emissionstandards and performance criteria for newor modified sources emitting hazardous airpollutants.



PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.This material as incorporated by reference inthis rule shall be maintained by the agency atits headquarters and shall be made availableto the public for inspection and copying at nomore than the actual cost of reproduction.This note applies only to the reference mate-rial. The entire text of the rule is printedhere.


mulgated June 30, 2003 and hereby incorpo-rated by reference in this rule, as publishedby the Office of the Federal Register, U.S.National Archives, and Records, 700 Penn-sylvania Avenue NW, Washington, DC20408. This rule does not incorporate anysubsequent amendment or additions.


1. Sections 60.4, 60.16 and 60.17 ofsubpart A;

2. Subparts B, H, I, K, Q, R, T, andand W in their entirety; and

3. Those provisions which are not dele-gable by United States Environmental Protec-tion Agency (EPA). Examples of theseinclude alternative or equivalent methods (for example, sections 61.12(d)(1),61.13(h)(1)(ii), 61.112(c), 61.164(a)(2),61.164(a)(3), and 61.244).

(C) Where emission limitations, testprocedures or other requirements found insubsection (1)(A) of this rule and in anotherrule under Title 10 Division 10 of the Code ofState Regulations are applicable to an emis-sion source, the more restrictive rule require-ments shall be applied.



(B) Missouri Department of NaturalResources shall be substituted for EPA, EPARegional Office or Environmental ProtectionAgency; and


(3) The following are the National EmissionStandards for Hazardous Air Pollutants(NESHAPs) 40 CFR part 61 subparts that areadopted by reference in subsection (1)(A) ofthis rule. Individual sources, operations or

installations in these categories are subject tothis rule based on date of commencement ofconstruction and other category specific para-meters, as specified in the applicable subpart:

Subpart Title(C) National Emission Standard for Beryl-

lium(D) National Emission Standard for Beryl-

lium Rocket Motor Firing(E) National Emission Standard for Mer-

cury(F) National Emission Standard for Vinyl

Chloride(J) National Emission Standard for Equip-

ment Leaks (Fugitive Emission Sources) ofBenzene

(L) National Emission Standard for Ben-zene Emissions from Coke By-ProductRecovery Plants

(M) National Emission Standard forAsbestos

(N) National Emission Standard for Inor-ganic Arsenic Emissions From Glass Manu-facturing Plants

(O) National Emission Standard for Inor-ganic Arsenic Emissions From Primary Cop-per Smelters

(P) National Emission Standard for Inor-ganic Arsenic Emissions From ArsenicTrioxide and Metallic Arsenic ProductionFacilities

(V) National Emission Standard for Equip-ment Leaks (Fugitive Emission Sources)

(Y) National Emission Standards for Ben-zene Emissions From Benzene Storage Ves-sels

(BB) National Emission Standards for Ben-zene Emissions From Benzene TransferOperations

(FF) National Emission Standard for Ben-zene Waste Operations


(5) Test Methods. Test methods are specifiedin each federal regulation adopted by refer-ence.

AUTHORITY: section 643.050, RSMo 2000.*Original rule filed Dec. 10, 1979, effectiveApril 11, 1980. Amended: Filed Feb. 9, 1981,effective July 11, 1981. Amended: Filed Dec.10, 1981, effective June 11, 1982. Amended:Filed Jan. 12, 1983, effective June 11, 1983.Amended: Filed Feb. 14, 1984, effective July12, 1984. Amended: Filed June 4, 1985,effective Oct. 26, 1985. Amended: Filed June5, 1986, effective Sept. 26, 1986. Amended:Filed Feb. 4, 1987, effective May 28, 1987.Amended: Filed April 2, 1987, effective Aug.27, 1987. Amended: Filed March 2, 1988,effective June 27, 1988. Amended: Filed June6, 1989, effective Oct. 27, 1989. Amended:

Filed May 1, 1992, effective Feb. 26, 1993.Amended: Filed March 25, 1993, effectiveNov. 8, 1993. Amended: Filed June 30, 1994,effective Feb. 26, 1995. Amended: Filed Sept.14, 1995, effective May 30, 1996. Amended:Filed July 15, 1997, effective Feb. 28, 1998.Amended: Filed March 15, 1999, effectiveOct. 30, 1999. Amended: Filed July 30,1999, effective March 30, 2000. Amended:Filed May 15, 2000, effective Dec. 30, 2000.Amended: Filed Jan. 31, 2002, effective Sept.30, 2002. Amended: Filed Feb. 14, 2003,effective Oct. 30, 2003. Amended: Filed Feb.17, 2005, effective Nov. 30, 2005.


10 CSR 10-6.090 Restriction of Emission of

Fluorides From Primary Aluminum

Reduction Installations

PURPOSE: This rule establishes the maxi-mum allowable rate of primary (stack) emis-sions of total fluorides from primary alu-minum reduction installations, except whereNew Source Performance Standards apply (as provided in 10 CSR 10-6.070). Fugitive emis-sions (those escaping the primary collectionsystem) for installations of the type found inMissouri have been determined to be small,due to the efficiencies of the primary collec-tion systems and are not otherwise regulated.

(1) Application. This rule shall apply to pri-mary (stack) emissions of total fluoride frompotroom groups and anode bake plants with-in a primary aluminum reduction installationconstructed before August 13, 1981.

(2) Definitions of words or phrases used inthis rule may be found in 10 CSR 10-6.020.

(3) Maximum allowable emission of total flu-orides. Primary (stack) emissions of total flu-orides from any primary aluminum reductioninstallation shall not exceed 1.25 kilo-grams/metric ton (2.5 pounds/ton) of alu-minum produced.

(4) Time Schedule for Compliance. Allsources subject to this rule shall comply bythe schedule set forth as follows:

Installation of air pollution control equipmentcompleted September 1, 1981;

Start-up periodcompleted December 1, 1981;

Compliance testingcompleted December 31, 1981.

(5) Monitoring of Operations.

(A) The owner or operator of any primaryaluminum reduction installation subject to therequirements of this rule shall maintain andoperate weighing devices which can be usedto monthly determine the weight of aluminumproduced. The weighing devices shall have anaccuracy of plus or minus five percent(±5%) over their operating range.

(B) The owner or operator of any affectedprimary aluminum reduction installation shallmaintain a record of the daily productionrates of aluminum. These records shall beretained by the owner or operator for a mini-mum of two (2) years.

(6) Performance Testing. Compliance with

the requirements of this rule shall be deter-

mined as set forth in 10 CSR 10-6.030(13),

Method 13A or 13B.

AUTHORITY: section 643.050, RSMo Supp.

1992.* Original rule filed March 11, 1981,

effective Aug. 13, 1981.

*Original authority: 643.050, RSMo 1965, amended 1972.

10 CSR 10-6.100 Alternate Emission Lim-

its

PURPOSE: This rule allows installations in

ozone nonattainment areas to propose alter-

nate means of achieving reductions of volatile

organic compounds emissions to those pre-

scribed in rules establishing volatile organic

compounds limits. This rule allows greater

flexibility and efficiency in attaining the

ambient air quality standards.

(1) Applicability.

(A) This rule applies to installations that

emit volatile organic compounds (VOC) in

the ozone nonattainment areas of the state.

(B) The owner or operator of an installa-

tion may propose alternate ways of meeting

VOC emission limits required in 10 CSR 10-

2 through 10 CSR 10-5. Proposals may treat

several source operations within one (1) or

more installations as being placed under a

hypothetical dome with one (1) emission

point. Emission levels within the dome may

be increased and decreased so long as the

total emissions from the hypothetical emis-

sion point do not increase and other require-

ments of this rule are met. If an installation is

controlling VOC emissions from a source

operation for other reasons than to contribute

to attainment of the ozone standard, for

example, to prevent a nuisance or odor viola-

tion, it cannot increase those emissions

through application of this rule.

(2) Definitions. Definitions of certain terms,specified in this rule, other than those speci-fied in this rule section, may be found in 10CSR 10-6.020.

(3) General Provisions.(A) Application and Permit Procedures.

1. Proposals for alternate emission lim-its shall be submitted on Alternate EmissionLimits Permit application forms provided bythe director.

2. An installation owner or operatormust obtain an Alternate Emission LimitsPermit in accordance with this rule beforealternate emission limits may become effec-tive. The permit will contain all conditionsnecessary to assure that the involved sourceoperations will operate in accordance withthe alternate emission limits.

(B) Existing Compliance Schedules. 1. Submission of an Alternate Emission

Limits Permit application will not affect anyexisting obligation of an installation to com-ply with applicable state or local laws, rulesand orders unless the director issues an orderspecifically extending a state complianceschedule.

2. No alternate emission limits will beestablished for an installation which ispresently subject to federal enforcementaction unless the administrator approves thealternate emission limits and the schedule formeeting it.

(C) Computing Alternate Emission Limits.The total emission level that will be used toevaluate the effect of proposed decreases orincreases of emissions at installations desir-ing alternate emission limits will be the sumof the lower emission level for each involvedsource operation calculated from the follow-ing:

1. The actual production and emissioninformation for the source operation reportedby the installation which was used in the baseyear emission inventory to project attainmentof the ozone standard in the state implemen-tation plan. If the source operation was notincluded in the base year inventory actualproduction and emission information will beused; or

2. The allowable emission rate for eachsource operation involved in an application.The owners of source operations for whichemission limits have not been established, butwhich emit either forty (40) tons per year orone hundred kilograms per day (100 kg/day)of VOCs must agree to emission levelsapproved by the director to serve as thesource operations’ allowable emissions forthe purpose of this analysis. The agreed-uponemission level will represent eighty-five per-cent (85%) control unless the applicant

demonstrates that level of control to bebeyond the effectiveness of reasonably avail-able control technology (RACT).

(D) Criteria for Approval. 1. An Alternate Emission Limits Permit

application must demonstrate that the pro-posed control will not cause total emissionsfrom the source operations to exceed the levelof emissions determined in subsection (3)(C).

2. Applicants desiring to make use ofemission reductions occurring at anotherinstallation must demonstrate that the emis-sions have occurred or will occur prior to thecommencement of the alternate emissionlimit; and that the owner or operator of theinstallation from which emission reductionsare obtained has entered a legally binding andenforceable agreement approved by the direc-tor or changed the installation’s permit con-ditions to limit emissions of VOCs at thespecified source operations to the levels andrates identified in the application.

3. No alternate emission limit may beapproved which allows a new or modifiedsource operation to exceed New Source Per-formance Standards (NSPS) in 10 CSR 10-6.070 or 40 CFR part 60 or the require-ment for lowest achievable emission rate(LAER) in 10 CSR 10-6.060(7)(C)2.

4. No alternate emission limit may beapproved which allows emissions of a haz-ardous pollutant from any source operation toexceed National Emission Standards for Haz-ardous Air Pollutants (NESHAPS) in 10 CSR10-6.080 or 40 CFR part 61 or which allowsemissions of a hazardous pollutant to increasefor which a standard has not yet been pro-mulgated.

5. An application proposing an emissiondecrease from process curtailments or sourceoperation shutdowns will not be approved ifthe proposed decrease will be negated bycountervailing emission increases occurringat other installations in the same area inresponse to the applicant’s process curtail-ment or shutdown.

6. An application proposing to use emis-sion reductions from the shutdown of aninstallation will not be approved. Thesereductions are available only to the owner ofthe shutdown installation for replacementpurposes or to new or modified installationsin the area as growth margin.

7. An application proposing to make useof emission reductions which occurred priorto applying for an alternate emission limitpermit is subject to the following time con-straints:

A. No application may be approvedinvolving emission reductions whichoccurred



prior to January 1, 1980 in the St. Louis met-ropolitan area or January 1, 1977 in theKansas City metropolitan area unless theemission reductions were accounted for in therespective base year inventory as bankedemission reduction credits;

B. For emission reductions whichoccurred between January 1, 1980 in St.Louis or January 1, 1977 in Kansas City andDecember 11, 1982, applications must besubmitted within nine (9) months (September11, 1983) after December 11, 1982 unlesscredit for the emission reductions is bankedin accordance with 10 CSR 10-6.410; and

C. For emission reductions whichoccur after the effective date (December 11,1982), applications must be submitted withinone (1) year of the emission decrease unlesscredit for the emission reductions is bankedin accordance with 10 CSR 10-6.410.

8. No application may be approvedwhich proposes to use emission reductionswhich previously have been used to offsetemission increases as described in 10 CSR10-6.410 or to net against emission increasesas discussed in the definitions of major mod-ification and net emission increase in 10 CSR10-6.020. Emission reductions used to createan alternate emission limit are likewise forthe duration of the alternate emission limitnot eligible to be banked, used for offset pur-poses or used to net against emission increas-es.

9. An application must include an expe-ditious schedule of implementation thatadheres as closely as possible to any compli-ance dates the source operation would other-wise be subject to.

10. An application will be approved onlyif it is determined that the alternate emissionlimit will not interfere with attainment andmaintenance of the ambient air quality stan-dard or create any public nuisance.

11. All alternate emission limits that areapproved by the director will not be consid-ered federally enforceable (and will notshield a source from the federal obligation tocomply with the underlying emission limits)by the United States Environmental Protec-tion Agency (EPA) until submitted to the EPAand approved by the EPA.

(E) Quantification of Emission Reductions.1. In cases where the director deter-

mines that the emission reduction estimatesmade by the applicant are uncertain, thedirector may calculate alternative emissionlimitations based on other estimates.

2. If necessary to quantify emissionreductions to be used in an alternate emissionlimit, the director may require source tests,continuous monitors or any other acceptablemeans of measurement before and afterreductions occur.

3. To quantify emission reductionswhich have already occurred, the directorwill rely on the installation’s emissionsreported in the base year inventory used toproject attainment of the ozone standard inthe State Implementation Plan and the emis-sion inventory taken the twelve (12) monthsfollowing the reduction or if credits for theemission reductions were banked in accor-dance with 10 CSR 10-6.410, the directorwill rely on the documentation provided atthe time the credits were banked.

(F) Permanence of Emission Reductions. Itshall be a violation of this rule for any personto operate an installation from which emis-sion reductions were obtained so as to emitvolatile organic compounds at levels greaterthan those identified in the agreement or per-mit conditions referred to in paragraph(3)(D)2.

(G) New Control Requirements. If a newand more restrictive emission limitationapplicable to any source operation includedin an Alternate Emission Limits Permit ispromulgated for the purpose of attaining andmaintaining the ozone standard, the owner oroperator of the installation who applied forthe permit shall submit a new AlternateEmission Limits Permit application demon-strating that reductions in total emissionsequal to or greater than the reductionrequired by the new emission limitations willoccur on or before the final compliance dateof the new rule. It will be a violation of thisrule if the owner of an affected installationdoes not achieve the necessary reductions.

(H) Public Participation. 1. After making a preliminary determi-

nation to approve an application, the directorwill cause a notice to be published in a news-paper of general circulation within the coun-ty in which the alternate emission units areproposed. The public notice shall describethe nature of the application including, withreasonable specificity, the following: name,address, phone number and representative ofthe agency issuing the public notice; nameand address of the applicant; and the alternateemission limits. The public notice also shallinclude the director’s preliminary determina-tion to approve or approve with conditions.The notice shall state that any interested per-son may submit relevant information, materi-als and views to the director, in writing, forthirty (30) days after the date of publicationof the notice. The notice shall further statethat a copy of materials submitted by theapplicant and used in making the preliminarydetermination, a copy of the preliminarydetermination and a copy or summary ofother materials, if any, considered in makingthe preliminary determination are availablefor public inspection at the Department ofNatural Resources’ regional office in the

region in which the alternate emission limitwould become effective, as well as at the Jef-ferson City central office of the air pollutioncontrol program;

2. No later than the date public notice ispublished, the director shall make available tothe public, until the end of the public com-ment period, at the regional office in theregion in which the proposed emission limitwould become effective as well as the air pol-lution control program office in JeffersonCity, a copy of the preliminary determinationand a copy or summary of other materials, ifany, considered in making the preliminarydetermination;

3. Within ten (10) days of a preliminarydetermination, the director shall send a copyof the public notice to the applicant and toofficials and agencies having cognizance overthe location where the alternate emissionlimit would occur as follows: local air pollu-tion control agencies, the chief executives ofthe city and county where the alternate emis-sion limit would become effective, any com-prehensive regional land use planning agencyand any state air program director whoselands may be affected by emissions from theinstallation;

4. The director shall consider all writtencomments submitted within the time speci-fied in the public notice in making a finaldecision on the approvability of the applica-tion. No later than ten (10) days after theclose of the public comment period, theapplicant may submit a written response toany comments submitted by the public. Thedirector shall consider the applicant'sresponse in making a final decision. Thedirector shall make all comments availablefor public inspection in the same locationswhere the director made available informa-tion at the time of public notice relating to theproposed emission limit. Further, the directorshall prepare a written response to all com-ments and make it available at the locationsreferred to previously; and

5. The director shall make a final deter-mination whether the alternate emission limitapplication should be approved, approvedwith conditions or denied pursuant to thisrule and notify the applicant in writing of thefinal determination and make notificationavailable for public inspection at the samelocations where the director made availableinformation pertaining to the preliminarydetermination.

(I) Fee Schedule. 1. Filing Fee. Each application will be

accompanied by a one hundred dollar ($100)filing fee.

2. Permit Fee. One hundred ten dollars($110) per source operation due prior to thepublication of public notice.





(4) Reporting and Record Keeping. (Notapplicable)

(5) Test Methods. (Not applicable)

AUTHORITY: section 643.050, RSMo 2000.*Original rule filed June 14, 1982, effectiveDec. 11, 1982. Amended: Filed Nov. 14,2002, effective July 30, 2003.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995.

10 CSR 10-6.110 Submission of EmissionData, Emission Fees and Process Informa-tion

PURPOSE: This rule deals with submittal ofemission information, emission fees and pub-lic availability of emission data. It providesprocedures for collection, recording and sub-mittal of emission data and process informa-tion on state-supplied Emission InventoryQuestionnaire and Emission Statement forms,or in a format satisfactory to the director, sothat the state can calculate emissions for thepurpose of state air resource planning.

PUBLISHER’S NOTE: The secretary of statehas determined that the publication of theentire text of the material which is incorpo-rated by reference as a portion of this rulewould be unduly cumbersome or expensive.Therefore, the material which is so incorpo-rated is on file with the agency who filed thisrule, and with the Office of the Secretary ofState. Any interested person may view thismaterial at either agency’s headquarters orthe same will be made available at the Officeof the Secretary of State at a cost not toexceed actual cost of copy reproduction. Theentire text of the rule is printed here. Thisnote refers only to the incorporated by refer-ence material.

(1) Applicability.(A) This rule applies to any installation

that: notifies and accepts a permit-by-ruleunder 10 CSR 10-6.062, is required to obtaina permit under 10 CSR 10-6.060 or 10 CSR10-6.065, is required to file an EmissionInventory Questionnaire (EIQ) as outlined inthe Reporting Frequency table in paragraph(3)(A)5. of this rule, or is required by thestaff director to prove its potential emissionsare below de minimis levels.

(B) An emission statement is required offacilities if the actual emission of either nitro-gen oxides (NOx), volatile organic com-pounds (VOCs) or carbon monoxide (CO) areequal to or greater than ten (10) tons annual-ly. Emission statement (Form 2.0Z) require-

ments in this rule are applicable only tosources located in nonattainment areas.


(3) General Provisions.(A) Record Keeping and Reporting

Requirements. 1. The owner or operator of an installa-

tion that is a source of any air contaminantshall collect, record and maintain, duringeach calendar year of operation—the timeperiod and duration of emissions; theamounts of processed materials, fuels andsolvents consumed; and the amounts ofprocess materials, fuels and solvents stored intanks and storage piles which emit any regu-lated air pollutant.

2. The owner or operator of an installa-tion subject to paragraph (3)(A)1. of this ruleshall file with the director, on the frequencyspecified in paragraph (3)(A)5. of this rule,reports containing the information specifiedin paragraph (3)(A)1. of this rule. Thereports shall specify the type and location ofall sources of regulated air pollutants and theamount of each type of regulated air pollutantat each location; the size and height of allemission outlets, stacks and vents; theprocesses employed, including all fuel com-bustion and incineration; the type of air pol-lution control equipment used at the installa-tion; the capture efficiency and controlefficiency of the air pollution control equip-ment, where applicable; and ozone seasoninformation (Form 2.0Z) from sources locat-ed in nonattainment areas. Capture efficiencyshall be applicable to emission points whichare controlled by air pollution control devicesand are not fully enclosed. Capture efficien-cy is not applicable to fugitive dust. Thedepartment encourages facilities to performtests to determine capture efficiency. Indus-trial ventilation principles and engineeringcalculations may be used if testing is physi-cally impossible or cost prohibitive. If testingor engineering calculation is not possible,then a default value of fifty percent (50%)capture efficiency may be used. Documenta-tion verifying the capture efficiency shall beincluded with the EIQ. The owner or opera-tor may submit a report containing informa-tion of a different nature provided the infor-mation submitted is adequate for the purposesof air quality planning and fee assessmentand is approved by the director. Informationsubmitted shall be reduced by the director toemission data as defined in 10 CSR 10-6.210(3)(B)2.

3. The reports required by paragraphs(3)(A)2. and 4. of this rule shall be complet-ed on state supplied EIQ forms or in a formsatisfactory to the director and shall be sub-

mitted to the director within ninety (90) daysafter the end of each reporting period. Afterthe effective date of this rule, any revision tothe EIQ forms will be presented to the regu-lated community for a forty-five (45)-daycomment period. The reporting periods foran installation, as determined by the report-ing frequency specified in paragraph (3)(A)5.of this rule, shall end on December 31 ofeach calendar year. Sources allowed to filereports once every five (5) years shall submitthe EIQ on the same schedule as the operat-ing permit renewal application. Each reportshall contain the information required byparagraph (3)(A)2. of this rule for each aircontaminant source at the installation for thetwelve (12)-month period immediately pre-ceding the end of the reporting period, inaddition to the information required underparagraph (3)(A)1. of this rule to be collect-ed, recorded and maintained during each yearof operation of the installation.

4. For sources located in nonattainmentareas, an emission statement is required if theactual emission of either nitrogen oxides(NOx), volatile organic compounds (VOCs)or carbon monoxide (CO) are equal to orgreater than ten (10) tons annually. Emissionsof each pollutant shall be reported if a facili-ty meets the ten (10) ton threshold for any ofthe three (3). Emissions statement reportingrequirements shall be completed on state sup-plied EIQ forms and include the informationrequired at paragraph (3)(A)2. of this ruleand ozone season information for VOC, NOxand CO emissions and any other criteria pol-lutant requested by the director. After theeffective date of this rule, any revision to theEIQ forms will be presented to the regulatedcommunity for a forty-five (45)-day commentperiod. Emission statements shall be submit-ted in accordance with the schedule in para-graph (3)(A)5. of this rule.

5. The reports required by paragraphs(3)(A)2. and 4. of this rule shall be filed onthe following frequency:



6. All data collected and recorded inaccordance with the provisions of this ruleshall be retained by the owner or operator fornot less than five (5) years after the end of thecalendar year in which the data was collectedand all these records shall be made availableto the director upon his/her request.

(B) Specific Report Required. The directormay require the owner or operator of aninstallation to submit compound specificemission rates when the information submit-ted pursuant to paragraph (3)(A)3. of thisrule does not provide sufficient informationto determine whether specific compoundsfrom the installation may cause a threat topublic health or welfare.

(C) Public Availability of Emission Dataand Process Information. Any informationobtained pursuant to the rule(s) of the Mis-souri Air Conservation Commission thatwould not be entitled to confidential treat-ment under 10 CSR 10-6.210 shall be madeavailable to any member of the public uponrequest.

(D) Emission Fees.1. Any air contaminant source required

to obtain a permit under sections643.010–643.190, RSMo, except sourcesthat produce charcoal from wood, shall payan annual emission fee, regardless of theirEIQ reporting frequency, of thirty-four dol-lars and fifty cents ($34.50) per ton of regu-lated air pollutant emitted starting with cal-endar year 2005 in accordance with theconditions specified in paragraph (3)(D)2. ofthis rule. Sources which are required to filereports once every five (5) years may use theinformation in their most recent EIQ to deter-mine their annual emission fee.

2. General requirements. A. The fee shall apply to the first four

thousand (4,000) tons of each regulated airpollutant emitted. However, no air contami-nant source shall be required to pay fees on

total emissions of regulated air pollutants inexcess of twelve thousand (12,000) tons inany calendar year. A permitted air contami-nant source which emitted less than one (1)ton of all regulated pollutants shall pay a feeequal to the amount of one (1) ton.

B. The fee shall be based on the infor-mation provided in the facility’s EIQ.

C. An air contaminant source whichpays emissions fees to a holder of a certificateof authority issued pursuant to section643.140, RSMo, may deduct those fees fromthe emission fee due under this section.

D. The fee imposed under paragraph(3)(D)1. of this rule shall not apply to carbonoxide emissions.

E. The fees for emissions producedduring the previous calendar year shall bedue April 1 each year for all United StatesDepartment of Labor Standard IndustrialClassifications except for Standard IndustrialClassification 4911 Electric Services whichshall be due June 1 each year. The fees shallbe payable to the Department of NaturalResources.

F. All Emissions Inventory Question-naire forms or equivalent approved by thedirector shall be due April 1 each year for allUnited States Department of Labor StandardIndustrial Classifications except for StandardIndustrial Classification 4911 Electric Ser-vices which shall be due June 1 each year.

G. For the purpose of determining theamount of air contaminant emissions onwhich the fees are assessed, a facility shall beconsidered one (1) source under the defini-tion of section 643.078.2, RSMo, except thata facility with multiple operating permitsshall pay emission fees separately for air con-taminants emitted under each individual per-mit.

3. Fee collection. The annual changes tothis rule to establish emission fees for a spe-cific year do not relieve any source from the

payment of emission fees for any previousyear.

(E) Emission Calculation and Verification.1. Emission calculation. All sources

shall use the following hierarchy as a guide indetermining the most desirable emission datato report to the department. If data is notavailable for an emission estimation methodor an emission estimation method is imprac-tical for a source, then the subsequent emis-sion estimation method should be used in itsplace:

A. Continuous Emission MonitoringSystem (CEMS) as specified in subparagraph(3)(E)2.A. of this rule;

B. Stack tests as specified in subpara-graph (3)(E)2.B. of this rule;

C. Material/mass balance;D. AP-42 (Environmental Protection

Agency (EPA) Compilation of Air PollutionEmission Factors) or FIRE (Factor Informa-tion and Retrieval System) (as updated);

E. Other EPA documents as specifiedin subparagraph (3)(E)2.C. of this rule;

F. Sound engineering calculations; orG. Facilities shall obtain department

preapproval of emission estimation methodsother than those listed in subparagraphs(3)(E)1.A.–F. of this rule before using anysuch method to estimate emissions in the sub-mission of an EIQ. The department willapprove or deny requests by December 31 ifsubmitted in writing by September 1.

2. Emission verification. The directorreserves the authority to review and approveall emission estimation methods used to cal-culate emissions for the purpose of filing anEIQ for accuracy, reliability and appropriate-ness. Inappropriate usage of an emission fac-tor or method shall include, but is not limit-ed to: using emission factors notrepresentative of a process, using equipmentin a manner other than that for which it wasdesigned for in calculating emissions, or

Reporting Frequency

Installation Emission Inventory Questionnaire

Classification Nonattainment Area All Other

1. Any installation required to obtain a Part 70,Intermediate or Basic State Operating Permitunder 10 CSR 10-6.065. Annually Annually

2. Any installation required to obtain a con-struction permit under 10 CSR 10-6.060 or acceptinga permit-by-rule under 10 CSR 10-6.062, but Once every Once everynot an operating permit. five (5) years five (5) years

3. Any installation required to submit an EIQ by Within forty-five (45) days Within forty-five (45) daysthe director. of request of request

4. Any installation whose actual emissions of Annually, an Exempt, noVOC, NOx or CO are equal to or greater than emission statement emission statementten (10) tons/year. is required required



using a less accurate emission estimationmethod for a process when a facility hasmore accurate emission data available. Addi-tional requirements for the use of a specificemission estimation method include:

A. Continuous Emission MonitoringSystem (CEMS).

(I) CEMS must be shown to havemet applicable performance specificationsduring the period for which data is being pre-sented.

(II) CEMS data must be presentedin the units which the system was designed tomeasure. Additional data sets used to extrap-olate CEMS data must have equal or betterreliability for such extrapolation to be accept-able.

(III) When using CEMS data toestimate emissions, the data must include allparameters (i.e. emission rate, gas flow rate,etc.) necessary to accurately determine theemissions. CEMS data which does notinclude all the necessary parameters must bereviewed and approved by the director orlocal air pollution control authority before itmay be used to estimate emissions;

B. Stack tests.(I) Stack tests must be conducted

on the specific equipment for which the stacktest results are used to estimate emissions.

(II) Stack tests must be conductedaccording to the methods cited in 10 CSR 10-6.030, unless an alternative method has beenapproved in advance by the director or localair pollution control authority.

(III) Stack tests will not be accept-ed unless the choice of test sites and adetailed test plan have been approved inadvance by the director or local air pollutioncontrol authority.

(IV) Stack tests will not be accept-ed unless the director or local air pollutioncontrol authority has been notified of testdates at least thirty (30) days in advance andthus provided the opportunity to observe thetesting. This thirty (30)-day notification maybe reduced or waived on a case-by-case basisby the director or local air pollution controlauthority.

(V) Stack test results which do notmeet all the criteria of parts(3)(E)2.B.(I)–(IV) of this rule may be accept-able for estimating emissions, but must besubmitted for review and approval by thedirector or local air pollution control author-ity on a case-by-case basis; and

C. EPA documents. Other EPA docu-ments may be used to estimate emissions ifthe emission factors are more appropriate orsource specific than AP-42 or FIRE. Newlydeveloped EPA emission factors must be pub-lished by December 31 of the year for whichthe facility is submitting an EIQ.

(F) Emission Fee Auditing/Adjustment.

1. The department may conduct on-site

detailed reviews (audits) of EIQs and sup-

porting documentation as the director deems

necessary.

2. The department may make emission

fee adjustments when—

A. Clerical or arithmetic errors have

been made;

B. Submitted documentation is not

supported by inspections or audits;

C. Emissions estimates are modified

as a result of emission verification or audits;

D. Credit has been incorrectly

applied for an emissions fee paid to a local

air pollution control agency; or

E. The department shall not be limit-

ed by subparagraphs (3)(F)2.A.–D. of this

rule in making emission fee adjustments.

(4) Reporting and Record Keeping. Owners

or operators shall maintain records contain-

ing sufficient information to demonstrate

compliance with all applicable emission fee

rule requirements as specified in subsections

(3)(A) and (B). All data collected and record-

ed in accordance with the provisions of this

rule shall be retained by the owner or opera-

tor for not less than five (5) years after the

end of the calendar year in which the data

was collected and all these records shall be

made available to the director upon his/her

request.


AUTHORITY: section 643.050, RSMo

2000.* Original rule filed June 13, 1984,

effective Nov. 12, 1984. Amended: Filed

April 2, 1987, effective Aug. 27, 1987.

Amended: Filed May 14, 1993, effective Jan.

31, 1994. Amended: Filed Sept. 2, 1993,

effective May 9, 1994. Amended: Filed May

15, 1995, effective Dec. 30, 1995. Amended:

Filed May 15, 1997, effective Dec. 30, 1997.

Amended: Filed May 12, 1998, effective Dec.

30, 1998. Amended: Filed May 14, 1999,

effective Dec. 30, 1999. Amended: Filed

April 6, 2000, effective Nov. 30, 2000.

Amended: Filed June 1, 2001, effective Dec.

30, 2001. Amended: Filed Jan. 16, 2002,

effective Aug. 30, 2002. Amended: Filed May

15, 2003, effective Dec. 30, 2003. Amended:

Filed May 17, 2004, effective Dec. 30, 2004.

Amended: Filed May 16, 2005, effective Dec.

30, 2005.

*Original authority: 643.050, RSMo 1965, amended

1972, 1992, 1993, 1995.

10 CSR 10-6.120 Restriction of Emissions

of Lead From Specific Lead Smelter-

Refinery Installations

PURPOSE: This rule establishes maximumallowable rates of emissions of lead fromstacks in specific lead-smelter installations,except where New Source Performance Stan-dards apply (as provided in 10 CSR 10-6.070). It also provides for the operation andmaintenance of equipment and proceduresspecific to controlling lead emissions to theambient air, both from stacks and from thefugitive emissions that escape stack collectionsystems at these installations.

(1) Applicability.(A) This rule shall apply to existing instal-

lations in Missouri engaged in specific smelt-ing and refining for the production of lead.

(B) Operation and Maintenance of LeadEmissions Control Equipment and Pro-cedures. The owner or operator of any spe-cific lead smelter shall operate and maintainall lead emissions control equipment and per-form all procedures as required by this rule.

(2) Definitions. Definitions of certain termsspecified in this rule, other than those speci-fied in this rule section, may be found in 10CSR 10-6.020.

(3) General Provisions.(A) Methods of Measurement of Lead

Emissions. 1. The method of determining the con-

centration of visible emissions from stacksources shall be as specified in 10 CSR 10-6.030(9).

2. The method of measuring lead instack gases shall be the sampling method asspecified in 10 CSR 10-6.030(12).

3. The method of quantifying the deter-mination of compliance with the emissionlimitations from stacks in this rule shall be asfollows:

A. Three (3)-stack samplings shall beplanned to be conducted for any one (1) stackwithin a twenty-four (24)-hour period inaccordance with paragraph (1)(C)2. If thiscannot be done due to weather, operating orother preventative conditions that developduring the twenty-four (24)-hour period, thenthe remaining samplings may be conducted ina reasonable time determined by the directorfollowing the twenty-four (24)-hour period;

B. Each stack sample shall have asampling time of at least one (1) hour;

C. The process(es) producing theemissions to that stack being tested shall beoperating at a minimum of ninety percent(90%) of capacity of the process(es) for thefull duration of the samplings; and

D. The emission rate to be used forcompliance determination shall be quantifiedby using the following formula:

Ec = T avg lbs per hour × 24 hours = lbsper 24 hours

Where:Ec = 24-hour emission rate extrapolatedfrom stack sampling results used for compli-ance determination; andT avg = Summation of hourly emission ratesof three (3) stack sampling results, divided bythree (3) for the average hourly rate.

4. The method of measuring lead in theambient atmosphere shall be the referencemethod as specified in 10 CSR 10-6.040(4)(G).

(B) Operational Malfunction. 1. The owner or operator shall maintain

a file which identifies the date and time ofany significant malfunction of plant processoperations or of emission control equipmentwhich results in increased lead emissions.The file also shall contain a description ofany corrective action taken, including thedate and time. 10 CSR 10-6.050 Start-Up,Shutdown and Malfunction Conditions shallapply.

2. All of these files relating to opera-tional malfunction shall be retained for a min-imum of two (2) years and, upon request,shall be made available to the director.

(C) Provisions Pertaining to Limitations ofLead Emissions from Specific Installations.

1. Doe Run primary lead smelter-refin-ery in Herculaneum, Missouri. This installa-tion shall limit lead emissions into the atmos-phere to the allowable amount as shown inTable I.

Table I

Emissions

Stack Name Limitation

(lbs per 24 hours)

Main Stack 794.0Number 7 & 9Baghouse Stack 56.6

Number 8 Baghouse Stack 8.2

2. Doe Run Resource Recycling Divi-sion in Boss, Missouri. The following appliesto Doe Run’s 1998 and ongoing lead produc-ing operations at this installation.

A. Lead emissions from stacks. Thisinstallation shall limit lead emissions into theatmosphere to the allowable amount as shownin Table II.

Table II

Emissions

Stack Name Limitation

(lbs per 24 hours)

Main Stack 540.0

B. Fugitive lead emissions from leadproduction processes. This installation shalllimit production from processes that emitlead to the ambient air to the allowableamount as shown in Table III.

Table III

Process Name Throughput

(tons per day)

Blast Furnace 786 ChargeReverb Furnace 500 ChargeRotary Melt 300 ChargeRefinery 648 Lead Cast

(D) Provisions Pertaining to Limitations ofLead Emissions From Other Than Stacks atAll Installations.

1. The owner or operator shall controlfugitive emissions of lead from all processand area sources at an installation by mea-sures described in a work practice manualidentified in paragraph (3)(D)2. It shall be aviolation of this rule to fail to adhere to therequirements of these work practices.

2. Work practice manual. A. The owner or operator shall pre-

pare, submit for approval and then implementa process and area-specific work practicemanual that will apply to locations of fugitivelead emissions at the installation.

B. The manual shall be the method ofdetermining compliance with the provisionsof this section. Failure to adhere to the workpractices in the manual shall be a violation ofthis rule.

C. Any change to the manual pro-posed by the owner or operator following theinitial approval shall be requested in writingto the director. Any proposed change shalldemonstrate that the change in the work prac-tice will not lessen the effectiveness of thefugitive emission reductions for the workpractice involved. Written approval by thedirector is required before any changebecomes effective in the manual.

D. If the director determines a changein the work practice manual is necessary, thedirector will notify the owner or operator ofthat installation. The owner or operator shallrevise the manual to reflect these changes andsubmit the revised manual within thirty (30)days of receipt of notification. These changesshall become effective following writtenapproval of the revised manual by the direc-tor.

(4) Reporting and Record Keeping. (A) The operator shall keep records and

files generated by the work practice manual’simplementation.

(B) The work practice manual shall containthe requirement that records of inspectionsmade by the operator of fugitive emissions

control equipment such as hoods, air ductsand exhaust fans be maintained by the opera-tor.

(C) The Doe Run Resource RecyclingDivision, Boss, Missouri operator shall keeprecords of daily process throughput corre-sponding with the processes in Table III insubparagraph (3)(C)2.B. of this rule. Theserecords shall be maintained on-site for atleast three (3) years and made available uponthe request of the director.

(D) Records shall be kept for a minimumof two (2) years at the installation and shall bemade available upon request of the directorfor purposes of determining compliance.

(5) Test Methods. (Not applicable)

AUTHORITY: sections 643.050 and 643.055,RSMo 2000.* Original rule filed Aug. 4,1988, effective Dec. 29, 1988. Amended:Filed Sept. 5, 1990, effective March 14,1991. Amended: Filed March 4, 1993, effec-tive Oct. 10, 1993. Amended: Filed Aug. 3,1993, effective April 9, 1994. Amended:Filed Feb. 16, 1994, effective Aug. 28, 1994.Amended: Filed Nov. 14, 1995, effective June30, 1996. Amended: Filed March 16, 1998,effective Oct. 30, 1998. Amended: Filed Aug.11, 2000, effective March 30, 2001. Amend-ed: Filed Aug. 6. 2002, effective April 30,2003. Amended: Filed July 1, 2004, effectiveMarch 30, 2005.

*Original authority: 643.050, RSMo 1965, amended 1972,1992, 1993, 1995 and 643.055, RSMo 1979, amended1992, 1994.

10 CSR 10-6.130 Controlling Emissions

During Episodes of High Air Pollution

Potential

PURPOSE: This rule specifies the conditionsthat establish an air pollution alert, watch oremergency and the associated procedures andemissions reduction objectives for dealingwith each.






(1) Applicability.(A) This rule shall apply to all emissions

from any source or from any premises.(B) The boundaries of the affected area

shall be determined at the discretion of thedirector in accordance with the nature andmagnitude of the pollutant concentrations andmeteorological conditions that cause thealert.

(2) Definitions.(A) Air pollution alert—The level of an air

pollution episode known as an air pollutionalert is that condition when the concentrationof air contaminants reach the level at whichthe first stage control actions are to begin.

(B) Air Stagnation Advisory—A specialbulletin issued by the National Weather Ser-vice entitled “Air Stagnation Advisory,”which is used to warn air pollution controlagencies that stagnant atmospheric conditionsare expected which could cause increasedconcentrations of air contaminants near theground.

(C) Area—For the purpose of this rule, anyor all regions within the boundaries of thestate of Missouri.

(D) Definitions of certain terms specifiedin this rule, other than those specified in thisrule section, may be found in 10 CSR 10-6.020.

(3) General Provisions.(A) Air Pollution Alerts.

1. The Air Quality Index shall be report-ed to the general public on a daily basis by allmetropolitan statistical areas with a popula-tion exceeding three hundred fifty thousand(350,000).

2. Alert levels are stated in terms of theAir Quality Index (AQI) as defined in 40CFR part 58, Appendix G, for sulfur dioxide(SO2), carbon monoxide (CO), ozone (O3),

nitrogen dioxide (NO2) and Particulate Mat-

ter—10 Micron (PM10) and 2.5 Micron

(PM2.5). Table A shows the relation of the

AQI breakpoint values to equivalent concen-trations of air contaminants. All concentra-tions are averaged over the time period indi-cated.

Table A

BREAKPOINT FOR THE AQI

Breakpoint Values

O3

(ppm)

O3

(ppm)

PM2.5

(µg/m3)

PM10

(µg/m3)

CO (ppm)

SO2

(ppm)

NO2

(ppm) AQI Alert

Category Alert Color

8-hour 1-hour(1) 24-hour 24-hour 8-hour 24-hour 24-hour

0–50 Good Green 0.000–0.064

----- 0.0–15.4 0–54 0.0–4.4 0.000–0.034 (2)

51–100 Moderate Yellow 0.065–0.084

----- 15.5–40.4 55–154 4.5–9.4 0.035–0.144 (2)

101–150 Unhealthy for sensitive groups

Orange 0.085–0.104

0.125–0.164 40.5–65.4 155–254 9.5–12.4 0.145–0.224 (2)

151–200 Unhealthy Red 0.105–0.124

0.165–0.204 65.5–150.4 255–354 12.5–15.4 0.225–0.304 (2)

201–300 Very Unhealthy

Purple 0.125–0.374

0.205–0.404 150.5–250.4 355–424 15.5–30.4 0.305–0.604 0.65–1.24

301–400 Hazardous Maroon (3) 0.405–0.504 250.5–350.4 425–504 30.5–40.4 0.605–0.804 1.25–1.64

401–500 Hazardous Maroon (3) 0.505–0.604 350.5–500.4 505–604 40.5–50.4 0.805–1.004 1.65–2.04

(1) Areas are generally required to report the AQI based on eight (8)-hour ozone values. However, there are a small number of areas where anAQI based on one (1)-hour ozone values would be more precautionary. In these cases, in addition to calculating the eight (8)-hour ozone indexvalue, the one (1)-hour ozone index value may be calculated, and the maximum of the two (2) values reported.(2) NO2 has no short-term National Ambient Air Quality Standard and can generate an AQI value only above two hundred (200).(3) Eight (8)-hour O3 values do not define higher AQI values (greater than or equal to three hundred one (301)). AQI values of three hundredone (301) or higher are calculated with one (1)-hour O3 concentrations.



3. Alert types and levels of initiation.A. Orange alert AQI value. Any one

(1) of the contaminants listed in paragraph(3)(A)2. reaching a concentration whichresults in an AQI value of one hundred one toone hundred fifty (101–150) shall initiate theorange alert.

B. Red alert AQI value. Any one (1)of the contaminants listed in paragraph(3)(A)2. reaching a concentration whichresults in an AQI value of one hundred fifty-one to two hundred (151–200) shall initiatethe red alert.

C. Purple alert AQI value. Any one(1) of the contaminants listed in paragraph(3)(A)2. reaching a concentration whichresults in an AQI value of two hundred one tothree hundred (201–300) shall initiate thepurple alert.

D. Maroon emergency alert AQIvalue. Any one (1) of the contaminants listedin paragraph (3)(A)2. reaching a concentra-tion which results in an AQI value of threehundred one to five hundred (301–500) shallinitiate the maroon emergency alert.

4. Declaration of alerts. An orangealert, red alert, purple alert or maroon emer-gency alert may be declared on the basis ofdeteriorating air quality alone; an Air Stag-nation Advisory need not be in effect. Theappropriate episode status should be declaredby the director as ambient monitoring wouldindicate.

5. Termination of alerts. When, in thejudgment of the director, meteorological con-ditions and pollutant concentrations warrantdiscontinuance of any alert condition, thedirector shall notify the technical staff, thechairman and members of the Missouri AirConservation Commission that the alert hasbeen discontinued and issue a public notice tothat effect.

(B) Orange Alert.1. Orange alert procedures shall be ini-

tiated by the director if the following condi-tions are met:

A. An Air Stagnation Advisory is ineffect;

B. The orange alert AQI value isequaled or exceeded at any one (1) monitor-ing station within the affected area, unlessthere is a current forecast of meteorologicalimprovement within the next twenty-four (24)hours; and

C. Meteorological conditions aresuch that the pollutant concentrations can beexpected to remain or reoccur at the previ-ously mentioned levels during the next twen-ty-four (24) or more hours or increase unlesscontrol actions are taken.

2. The following are orange alert proce-dures. The general public shall be informed

through the news media that an orange alertexists, the geographical area(s) where thealert is applicable, the emission and type ofsource(s) that initiated the alert and encour-age those with respiratory ailments or heartconditions to take the most appropriate andexpedient precautions.

(C) Red Alert.1. Red alert procedures shall be initiat-

ed by the director if the following conditionsare met:

A. An Air Stagnation Advisory is ineffect;

B. The red alert AQI value is equaledor exceeded at any one (1) monitoring stationwithin the affected area, unless there is a cur-rent forecast of meteorological improvementwithin the next twenty-four (24) hours; and

C. Meteorological conditions aresuch that the pollutant concentrations can beexpected to remain or reoccur at the previ-ously mentioned levels during the next twen-ty-four (24) or more hours or increase unlesscontrol actions are taken.

2. The following are red alert proce-dures:

A. All affected governmental controlagencies shall be notified that red alert con-ditions exist and that coordination of action isrequired;

B. All hospitals within the affectedarea shall be notified that red alert conditionsexist;

C. The frequency of air monitoringshall be increased at all monitoring stationswhich are not continuous at intervals notexceeding one (1) hour, with continual hourlyreview at a central control location, if thisequipment is available and it is deemed nec-essary by the director;

D. The general public shall beinformed through the news media that a redalert exists, the geographical area(s) wherethe alert is applicable, the emission and typeof source(s) that initiated the alert, individualabatement actions which will help alleviatethe problem, and encourage those with respi-ratory ailments or heart conditions to take themost appropriate and expedient precautions;

E. The director shall request veryemphatically through the news media that allunnecessary use of automobiles be restrictedand that all entertainment functions and facil-ities be closed; and

F. No open burning will be allowedanywhere within the affected area.

(D) Purple Alert.1. Purple alert procedures shall be initi-

ated by the director if the following condi-tions are met:

A. An Air Stagnation Advisory is ineffect; and

B. The purple alert AQI value isequaled or exceeded at any one (1) monitor-ing station within the affected area.

2. The purple alert also can be initiatedif—

A. The purple alert AQI value isequaled or exceeded as the arithmetic meanfor twelve (12) consecutive hours and an AirStagnation Advisory is in effect; or

B. The red alert AQI value is equaledor exceeded as the arithmetic mean for twen-ty-four (24) consecutive hours and a forecastof stagnation for the following twelve (12)hours is received.

3. The following are purple alert proce-dures:

A. All affected governmental controlagencies shall be notified that purple alertconditions exist and that coordination ofaction is required;

B. All hospitals within the affectedarea shall be notified that purple alert condi-tions exist;

C. The frequency of air monitoringshall be increased at all monitoring stationswhich are not continuous at intervals notexceeding one (1) hour with continual hourlyreview at a central control location, if thisequipment is available and it is deemed nec-essary by the director;

D. The general public shall beinformed through the news media that a pur-ple alert exists, the geographical area(s)where the alert is applicable, the emissionand type of source(s) that initiate the alert,individual abatement actions which will helpalleviate the problem and encourage thosewith respiratory ailments or heart conditionsto take the most appropriate and expedientprecautions;

E. Airlines operating within the pur-ple alert area shall be notified that those con-ditions exist and that a reduction of flights outof the airport may be required;

F. Nonlocal vehicular traffic may bediverted around the purple alert area depend-ing upon which pollutant(s) caused the alert;

G. Local vehicular traffic, throughthe news media, shall be told to avoid certainareas and emphatically told to restrictnonessential trips;

H. All incineration and open burningshall cease throughout the area; and

I. Facilities which are sources of aircontaminant emissions and are required tofile approved alert plans with the director forpurple alert conditions shall initiate theseplans upon notification by the director (seeparagraph (3)(D)4.).

4. Purple alert plan objectives. AQIbreakpoints from two hundred one to threehundred (201–300).



A. Air contaminant source. Electricpower generating facilities—requirements forplan.

(I) Reduction of emission by uti-lization of fuels having low ash and sulfurcontent. Soot blowing and boiler lancing tobe allowed only during periods of highatmospheric turbulence (12:00 noon to 4:00p.m.).

(II) Reduction of emissions bydiverting electric power generation to facili-ties outside of area for which the alert iscalled.

B. Air contaminant source. Processsteam generating facilities—requirements forplan.

(I) Reduction of emissions by uti-lization of fuels having low ash and sulfurcontent. Soot blowing and boiler lancing tobe allowed only during periods of highatmospheric turbulence (12:00 noon to 4:00p.m.).

(II) Reduction of steam loaddemands consistent with continuing the oper-ation of the plant.

C. Air contaminant source. Manufac-turing industries of the following StandardIndustrial Classification Manual (SIC) groupdesignations: grain industries, group 20;paper and allied products industries, group26; chemicals and allied products industries,group 28; petroleum refining and relatedindustries, group 29; stone, glass, clay andconcrete product industries, group 32; prima-ry metal industries, group 33—requirementsfor plan.

(I) Curtailing, postponing or defer-ring production and allied operations. Stop-ping all trade waste disposal practices whichemit particles, gases, vapors or malodoroussubstances including incineration.

(II) Reducing heat load demandsfor processing to a minimum.

D. Air contaminant source. Othermanufacturing facilities required to submitalert plans by the director—requirements forplan.

(I) Reduction of air contaminantemissions by curtailing or deferring produc-tion and allied operations. Stoppage of alltrade waste disposal practices which emitparticles, gases, vapors or malodorous sub-stances including incineration.

(II) Reduction of heat loaddemands for processing to a minimum.

E. Air contaminant source. Private,public and commercial refuse disposal opera-tions—requirement for plan.

(I) Stoppage of all open burningincluding disposal of trees and burning atfire-fighting schools, except as required for

disposal of hazardous materials or otheremergency needs.

(II) Operation of incinerators shallbe limited to the hours between 10:00 a.m.and 2:00 p.m.

F. Air contaminant source. Transport-ation—requirement for plan. The unneces-sary operation of any motor vehicle should berestricted.

(E) Maroon Emergency Alert.1. Maroon emergency alert procedures

shall be initiated by the director, if the fol-lowing conditions are met:

A. An Air Stagnation Advisory is ineffect; and

B. The maroon emergency alert AQIvalue is equaled or exceeded at any one (1)monitoring station within the advisory area.

2. The maroon emergency procedurescan also be initiated if—

A. The maroon emergency alert AQIvalue is equaled or exceeded as the arithmeticmean of twelve (12) consecutive hours and aforecast of stagnation for the following twelve(12) hours is received;

B. The purple alert AQI value isequaled or exceeded as the arithmetic meanfor twenty-four (24) hours and a forecast ofstagnation for the following twelve (12) hoursis received; or

C. The red alert AQI value is equaledor exceeded as the arithmetic mean for thir-ty-six (36) hours and a forecast of stagnationfor the following twelve (12) hours isreceived.

3. The following are maroon emergencyalert procedures:

A. All affected governmental controlagencies shall be notified that a maroonemergency alert exists and that coordinationof action is required;

B. All hospitals within the affectedarea shall be notified that a maroon emer-gency alert exists and to be so prepared;

C. The frequency of air monitoringshall be increased at all monitoring stationswhich are not continuous at intervals notexceeding one-half (1/2) hour with continualhalf-hour review at a central control location,if this equipment is available and it is deemednecessary by the director;

D. Open burning and incinerationshall cease throughout the area;

E. Facilities which are sources of aircontaminant emissions and are required tohave filed approved plans with the directorshall initiate these plans upon notification bythe director or his/her representative that airpollution emergency conditions exist (seeparagraph (3)(E)4.);

F. The use of motor vehicles is pro-hibited except in emergencies with theapproval of local or state police;

G. All manufacturing facilities exceptthose listed in subparagraph (3)(E)3.E. shallinstitute action that will result in maximumreduction of air contaminants from theiroperations by ceasing, curtailing or postpon-ing operations to the extent possible withoutcausing injury to persons or damage to equip-ment;

H. All airplane flights originatingwithin the area of the maroon emergencyalert shall be cancelled;

I. All places of employment describedas follows immediately shall cease operationduring the maroon emergency alert:

(I) Mining and quarrying;(II) Contract construction work;(III) Wholesale trade establish-

ments;(IV) Schools and libraries;(V) Governmental agencies except

those needed to administer air pollution alertprogram and other essential agencies deter-mined by the director to be vital for publicsafety and welfare and needed to administerthe provisions of this rule;

(VI) Retail trade stores except thosedealing primarily in sale of food or pharma-cies;

(VII) Banks, real estate agencies,insurance offices and similar business;

(VIII) Laundries, cleaners and dry-ers, beauty and barber shops and photo-graphic studios;

(IX) Amusement, recreational,gaming and entertainment service establish-ments;

(X) Automobile repair and automo-bile service garages; and

(XI) Advertising offices, consumercredit reporting, adjustment and collectionagencies, printing and duplicating services,rental agencies and commercial testing labo-ratories; and

J. The general public shall beinformed through the news media that amaroon emergency alert exists, the geograph-ical area(s) where the alert is applicable, theemission and type of source(s) that initiatedthe alert, individual abatement actions whichwill help alleviate the problem and encouragethose with respiratory ailments or heart con-ditions to take the most appropriate and expe-dient precautions.

4. Maroon emergency alert plan objec-tives. AQI breakpoints from three hundredone to four hundred (301–400). All purplealert plans shall be continued. In addition,the following measures shall be taken:



A. Air contaminant source. Processsteam generating facilities—requirements forplan.

(I) Maximum reduction of air con-taminant emissions by utilization of fuelshaving the lowest ash and sulfur content.

(II) Maximum utilization of periodsof high atmospheric turbulence (12:00 noonto 4:00 p.m.) for soot blowing and boilerlancing. Prepare to implement the emergencyplan submitted to the director.

B. Air contaminant source. Manufac-turing industries of the following SIC groupdesignations: grain industries, group 20;paper and allied products industries, group26; chemical and allied products industries,group 28; petroleum refining and relatedindustries, group 29; stone, glass, clay andconcrete product industries, group 32; prima-ry metals industries, group 33—requirementsfor plan.

(I) Maximum reduction of air con-taminant emissions by, if necessary, postpon-ing production and allied operations.

(II) Maximum reduction of heatload demands for processing. Prepare toimplement the emergency plan submitted tothe director;

C. Air contaminant source. Othermanufacturing facilities required to submitalert plans by the director—requirement forplan. Maximum reduction of air contaminantemissions, if necessary, by postponing pro-duction and allied operations;

D. Air contaminant source. Private,public and commercial refuse disposal oper-ations—requirement for plan. Stop operationof all incinerators; and

E. Air contaminant source. Trans-portation—requirement for plan. Car poolsand public transportation must be used inplace of unnecessary motor vehicle opera-tion.

5. Maroon emergency alert plan objec-tives. AQI breakpoints from four hundredone to five hundred (401–500). All purplealert plans and maroon emergency alert planfrom AQI breakpoints three hundred one tofour hundred (301–400) shall be continued.In addition, the following measures shall betaken:

A. Air contaminant source. Processsteam generating facilities—requirements forplan.

(I) Maximum reduction of air con-taminant emissions by reducing heat andsteam load demands to values consistent withpreventing equipment damage.

(II) Maximum utilization of periodsof high atmospheric turbulence (12:00 noonto 4:00 p.m.) for soot blowing and boilerlancing;

B. Air contaminant source. Manufac-turing industries of the following SIC groupdesignations: grain industries, group 20;paper and allied products industries, group26; chemicals and allied products industries,group 28; petroleum refining and relatedindustries, group 29; stone, glass, clay andconcrete product industries, group 32; prima-ry metals industries, group 33—requirementfor plan. Elimination of air contaminant fromthe manufacturing operations by ceasing, cur-tailing, postponing or deferring productionand allied operations to the extent possiblewithout causing injury to persons or damageto equipment;

C. Air contaminant source. Othermanufacturing facilities required to submitalert plans by the director—requirements forplan.

(I) Elimination of air contaminantemissions from the manufacturing operationsby ceasing, curtailing, postponing or defer-ring production and allied operations to theextent possible without causing injury to per-sons or damage to equipment.

(II) Maximum reduction of heatload demands for processing;

D. Air contaminant source. Private,public and commercial operations—require-ment for plan. The following places ofemployment, if notified by the director,immediately shall cease operations: miningand quarrying operations; construction pro-jects except as required to avoid emergentphysical harm; manufacturing establishmentsexcept those required to have in force an airpollution alert plan; wholesale trade estab-lishments; governmental units, except asrequired to implement the provisions of thisrule and other operations essential to imme-diate protection of the public welfare andsafety; retail trade and service establishmentsexcept pharmacies, food stores and othersimilar operations providing for emergencyneeds; other commercial service operations,such as those engaged in banking, insurance,real estate, advertising, and the like; educa-tional institutions; and amusement, recre-ational, gaming and entertainment facilities;

E. Air contaminant source. Trans-portation—requirement for plan. Motor vehi-cles shall only be used for private and publicemergency needs.

(4) Reporting and Record Keeping. Facilitieswhich are sources of air contaminant emis-sions and required to file approved alert plansper paragraphs (3)(D)4., (3)(E)4. and(3)(E)5. shall file approved purple andmaroon alert plans within sixty (60) dayswith the director after request by the directorto submit alert plans.

(5) Test Methods. The testing references forMissouri ambient air quality data are as spec-ified in 10 CSR 10-6.040 Reference Meth-ods.

AUTHORITY: section 643.050, RSMo2000.* Original rule filed May 11, 1984,effective Oct. 11, 1984. Amended: Filed Jan.5, 1988, effective April 28, 1988. Amended:Filed March 13, 2002, effective Nov. 30,2002.

*Original authority: 643.050, RSMo 1965, amended1972, 1992, 1993, 1995.

10 CSR 10-6.140 Restriction of EmissionsCredit for Reduced Pollutant Con-centrations From the Use of DispersionTechniques

PURPOSE: This rule implements provisionsof federal regulations which restrict credit inthe calculation of emission limitations forreduced pollutant concentrations due to theuse of dispersion techniques.

(1) Applicability. This rule shall apply to theprocedures to account for emission disper-sion techniques used in the calculation of anyemission limitation or any revision of anylimitation to be established by the director orto be considered for establishment by theMissouri Air Conservation Commission(MACC). This rule also requires that allemission limitations established by the direc-tor or by the MACC after December 31,1970, be reviewed for compliance with thisrule.

(2) General.(A) The degree of emission limitation

required of any installation for control of anyair pollutant must not be affected by that por-tion of any installation’s stack height thatexceeds good engineering practice (GEP) orby any other dispersion technique, except asprovided in section (3).

(B) Before the director or the MACCestablishes an emission limitation that isbased on a GEP stack height that exceeds theformula GEP height allowed by 10 CSR 10-6.020(2)(G)2.B., the director must notify thepublic of the availability of the demonstrationstudy and must provide opportunity for pub-lic hearing on it.

(C) This rule does not restrict the actualstack height of any installation or the use ofany dispersion technique by any installation.

(3) Exemptions. The provisions of section (2)shall not apply to emission limitation creditsfrom—

(A) Stack heights on which constructioncommenced on or before December 31,



1970, except where pollutants are being emit-ted from the stacks by source operationswhich were constructed, or reconstructed oron which major modifications were carriedout after December 31, 1970; or

(B) Dispersion techniques implementedbefore December 31, 1970, except wherethese dispersion techniques are being appliedto source operations which were constructed,or reconstructed or on which major modifi-cations were carried out after December 31,1970.

AUTHORITY: section 643.050, RSMo Supp.1992.* Original rule filed Jan. 6, 1986,effective May 11, 1986.

*Original authority: 643.050, RSMo 1965, amended1972, 1992.

10 CSR 10-6.150 Circumvention

PURPOSE: This rule prohibits the installa-tion or use of any device or means which con-ceals or dilutes an emission violating a rule.

(1) No person shall cause or permit theinstallation or use of any device or any meanswhich, without resulting in reduction in thetotal amount of air contaminant emitted, con-ceal or dilute an emission or air contaminantwhich violates a rule of the Missouri AirConservation Commission.

AUTHORITY: section 643.050, RSMo Supp.1992.* This rule was previously filed as 10CSR 10-2.090, 10 CSR 10-4.130 and 10 CSR10-5.230. Original rule filed April 18, 1990,effective Nov. 30, 1990.


10 CSR 10-6.160 Medical Waste and SolidWaste Incinerators

Editor’s Note: On March 29, 1993, the Cir-cuit Court of Cole County found that 10 CSR10-6.160 was void since it exceeds the statu-tory cost analysis requirements of sections536.200 and 536.205, RSMo.

10 CSR 10-6.170 Restriction of ParticulateMatter to the Ambient Air Beyond thePremises of Origin

PURPOSE: This rule restricts the emission ofparticulate matter to the ambient air beyondthe premises of origin.

(1) Restrictions to Limit Fugitive ParticulateMatter Emissions. It shall be a violation ofthis regulation if, in the opinion of the staffdirector—

(A) Any person causes or allows to occurany handling, transporting or storing of anymaterial; construction, repair, cleaning ordemolition of a building or its appurtenances;construction or use of a road, driveway oropen area; or operation of a commercial orindustrial installation without applying rea-sonable measures as may be required to pre-vent, or in a manner which allows or mayallow, fugitive particulate matter emissions togo beyond the premises of origin in quantitiesthat the particulate matter may be found onsurfaces beyond the property line of origin.The nature or origin of the particulate mattershall be determined to a reasonable degree ofcertainty by a technique proven to be accurateand approved by the director; or

(B) Any person causes or allows to occurany fugitive particulate matter emissions toremain visible in the ambient air beyond theproperty line of origin.

(2) Should the director determine that non-compliance with section (1) has occurred at alocation, the director may require reasonablecontrol measures, as may be necessary. Thesemeasures may include, but are not limited to,the following:

A. Revision of procedures involvingconstruction, repair, cleaning and demolitionof buildings and their appurtenances that pro-duce particulate matter emissions;

B. Paving or frequent cleaning ofroads, driveways and parking lots;

C. Application of dust-free surfaces; D. Application of water; and E. Planting and maintenance of vege-

tative ground cover.

(3) Exceptions. Section (1) shall not apply tothe following:

(A) Those portions of unpaved publicroads that are not designated as nonattain-ment areas for particulate matter;

(B) Agricultural operations including till-ing, planting, cultivating or harvesting withina field, the moving of livestock on foot or thehauling of produce within the confines of afarm; and

(C) Driveways limited to residential use.

(4) The staff director may allow an exemptionfor unusual and adverse weather conditionsfor any activity which would otherwise be aviolation of section (1). These conditionsmay include, but are not limited to, highwinds, extended dry weather periods andextreme cold weather periods.

AUTHORITY: section 643.050, RSMo Supp.1997.* Original rule filed March 5, 1990,effective Nov. 30, 1990. Amended: FiledMarch 18, 1996, effective Oct. 30, 1996.Amended: Filed Jan. 2, 1998, effective Aug.30, 1998.

*Original authority: 643.050, RSMo 1965, amended1972, 1992, 1995.

10 CSR 10-6.180 Measurement of Emis-

sions of Air Contaminants

PURPOSE: This rule provides that uponrequest any source shall complete, or havecompleted, tests of emissions or, at the optionof the agency, make the source available fortests of emissions.

(1) Responsible Persons to Have Tests Made.The director may require any person respon-sible for the source of emission of air conta-minants to make or have made tests to deter-mine the quantity or nature, or both, ofemission of air contaminants from the source.The director may specify testing methods tobe used in accordance with good profession-al practice. The director may observe thetesting. All tests shall be conducted by rep-utable, qualified personnel. The directorshall be given a copy of the test results inwriting and signed by the person responsiblefor the tests.

(2) Director May Make Tests. The directormay conduct tests of emissions of air conta-minants from any source. Upon request of thedirector, the person responsible for the sourceto be tested shall provide necessary ports instacks or ducts and other safe and propersampling and testing facilities, exclusive ofinstruments and sensing devices as may benecessary for proper determination of theemission of air contaminants.

AUTHORITY: section 643.050, RSMo Supp.1992.* Original rule filed Aug. 2, 1990,effective Dec. 31, 1990.


10 CSR 10-6.190 Sewage Sludge and Indus-

trial Waste Incinerators

Editor’s Note: On March 29, 1993 the CircuitCourt of Cole County found that 10 CSR 10-6.190 was void since it exceeds the statutorycost analysis requirements of sections536.200 and 536.205, RSMo.

10 CSR 10-6.200 Hospital, Medical, Infec-

tious Waste Incinerators

PURPOSE: This rule establishes emissionlimits for existing hospital, medical, andinfectious waste incinerators. The pollutantsregulated include metals, particulate matter,acid gases, organic compounds, carbonmonoxide, and opacity. This rule includes



requirements for operator training and quali-fication, waste management, compliance andperformance testing, monitoring, and report-ing/record keeping.


(1) Applicability.(A) Except as provided in subsection

(1)(B) through (H) of this rule, this ruleapplies to each individual hospital or med-ical/infectious waste incinerator (HMIWI) forwhich construction was commenced on orbefore June 20, 1996.

(B) A combustor is not subject to this ruleduring periods when only pathological waste,low-level radioactive waste, and/orchemotherapeutic waste is burned, providedthe owner or operator of the combustor—

1. Notifies the director of an exemptionclaim; and

2. Keeps records on a calendar-quarterbasis of the periods of time when only patho-logical waste, low-level radioactive waste,and/or chemotherapeutic waste is burned.

(C) Any co-fired combustor is not subjectto this rule if the owner or operator of the co-fired combustor—

1. Notifies the director of an exemptionclaim;

2. Provides an estimate of the relativeweight of hospital waste, medical/infectiouswaste, and other fuels and/or wastes to becombusted; and

3. Keeps records on a calendar-quarterbasis of the weight of hospital waste and med-ical/infectious waste combusted, and theweight of all other fuels and wastes combust-ed at the co-fired combustor.

(D) Any combustor required to have a per-mit under section 3005 of the Solid WasteDisposal Act is not subject to this rule.

(E) Any combustor which meets theapplicability requirements under subpart Cb,Ea, or Eb of 40 CFR part 60 is not subject tothis rule.

(F) Any pyrolysis unit is not subject to thisrule.

(G) Cement kilns firing hospital wasteand/or medical/infectious waste are not sub-ject to this rule.

(H) Physical or operational changes madeto an existing HMIWI unit solely for the pur-pose of complying with this rule are not con-sidered a modification and do not result in anexisting HMIWI unit becoming subject to theprovisions of 40 CFR part 60 subpart Ec.

(I) Beginning September 15, 2000, desig-nated facilities subject to this rule shall oper-ate pursuant to a permit issued under the per-mitting authorities operating permit program.

(2) Definitions.(A) Batch HMIWI means an HMIWI that

is designed such that neither waste chargingnor ash removal can occur during combus-tion.

(B) Biologicals means preparations madefrom living organisms and their products,including vaccines, cultures, etc., intendedfor use in diagnosing, immunizing, or treat-ing humans or animals or in research per-taining thereto.

(C) Bypass stack means a device used fordischarging combustion gases to avoid severedamage to the air pollution control device orother equipment.

(D) Chemotherapeutic waste means wastematerial resulting from the production or useof antineoplastic agents used for the purposeof stopping or reversing the growth of malig-nant cells.

(E) Co-fired combustor means a unit com-busting hospital waste and/or medical/infec-tious waste with other fuels or wastes andsubject to an enforceable requirement limit-ing the unit to combusting a fuel feed stream,ten percent (10%) or less of the weight ofwhich is comprised, in aggregate, of hospitalwaste and medical/infectious waste as mea-sured on a calendar-quarter basis. For pur-poses of this definition, pathological waste,chemotherapeutic waste, and low-levelradioactive waste are considered “otherwastes” when calculating the percentage ofhospital waste and medical/infectious wastecombusted.

(F) Continuous HMIWI means an HMIWIthat is designed to allow waste charging andash removal during combustion.

(G) Department means the Department ofNatural Resources.

(H) Dioxins/furans means the combinedemission of tetra- through octa-chlorinateddibenzo-para-dioxins and dibenzofurans.

(I) Director means the director of theDepartment of Natural Resources.

(J) Dry scrubber means an add-on air pol-lution control system that injects dry alkalinesorbent (dry injection) or sprays an alkalinesorbent (spray dryer) to react with and neu-

tralize acid gases in the HMIWI exhauststream forming a dry powder material.

(K) Hospital means any facility which hasan organized medical staff, maintains at leastsix (6) inpatient beds, and where the primaryfunction of the institution is to provide diag-nostic and therapeutic patient services andcontinuous nursing care primarily to humaninpatients who are not related and who stayon average in excess of twenty-four (24)hours per admissions. This definition doesnot include facilities maintained for the solepurpose of providing nursing or convalescentcare to human patients who generally are notacutely ill but who require continuing med-ical supervision.

(L) Hospital/medical/infectious wasteincinerator or HMIWI or HMIWI unit meansany device that combusts any amount of hos-pital waste and/or medical/infectious waste.

(M) Hospital waste means discards gener-ated at a hospital, except unused itemsreturned to the manufacturer. The definitionof hospital waste does not include humancorpses, remains, and anatomical parts thatare intended for interment or cremation.

(N) Intermittent HMIWI means anHMIWI that is designed to allow wastecharging, but not ash removal, during com-bustion.

(O) Large HMIWI means an HMIWIwhose maximum design waste burning capac-ity is more than five hundred (500) poundsper hour, or a continuous or intermittentHMIWI whose maximum charge rate is morethan five hundred (500) pounds per hour, ora batch HMIWI whose maximum charge rateis more than four thousand (4,000) poundsper day.

(P) Low-level radioactive waste meanswaste material which contains radioactivenuclides emitting primarily beta or gammaradiation, or both, in concentrations or quan-tities that exceed applicable federal or statestandards for unrestricted release. Low-levelradioactive waste is not high-level radioactivewaste, spent nuclear fuel, or by-productmaterial as defined by the Atomic Energy Actof 1954 (42 U.S.C. 2014(e)(2)).

(Q) Maximum charge rate means for con-tinuous and intermittent HMIWI, one hun-dred ten percent (110%) of the lowest three(3)-hour average charge rate measured duringthe most recent performance test demonstrat-ing compliance with all applicable emissionlimits or for batch HMIWI, one hundred tenpercent (110%) of the lowest daily charge ratemeasured during the most recent perfor-mance test demonstrating compliance with allapplicable emission limits.

(R) Maximum fabric filter inlet tempera-ture means one hundred ten percent (110%)of the lowest three (3)-hour average tempera-ture at the inlet to the fabric filter (taken, at



a minimum, once every minute) measuredduring the most recent performance testdemonstrating compliance with thedioxin/furan emission limit.

(S) Maximum flue gas temperature meansone hundred ten percent (110%) of the lowestthree (3)-hour average temperature at the out-let from the wet scrubber (taken, at a mini-mum, once every minute) measured duringthe most recent performance test demonstrat-ing compliance with the mercury (Hg) emis-sion limit.

(T) Medical/infectious waste means anywaste generated in the diagnosis, treatment,or immunization of human beings or animals,in research pertaining thereto, or in the pro-duction or testing of biologicals that is listedin paragraphs (2)(T)1. through (2)(T)7. be-low. The definition of medical/infectiouswaste does not include hazardous waste iden-tified or listed under the regulations in 40CFR part 261; household waste, as defined in40 CFR part 261.4(b)(1); ash from incinera-tion of medical/infectious waste, once theincineration process has been completed;human corpses, remains, and anatomicalparts that are intended for interment or cre-mation; and domestic sewage materials iden-tified in 40 CFR part 261.4(a)(1).

1. Cultures and stocks of infectiousagents and associated biologicals, including:cultures from medical and pathological labo-ratories; cultures and stocks of infectiousagents from research and industrial laborato-ries; wastes from the production of biologi-cals; discarded live and attenuated vaccines;and culture dishes and devices used to trans-fer, inoculate, and mix cultures.

2. Human pathological waste, includingtissues, organs, and body parts and body flu-ids that are removed during surgery or autop-sy, or other medical procedures, and speci-mens of body fluids and their containers.

3. Human blood and blood productsincluding:

A. Liquid waste human blood;B. Products of blood;C. Items saturated and/or dripping

with human blood; andD. Items that were saturated and/or

dripping with human blood that are nowcaked with dried human blood; includingserum, plasma, and other blood components,and their containers, which were used orintended for use in either patient care, testingand laboratory analysis or the development ofpharmaceuticals. Intravenous bags are alsoincluded in this category.

4. Sharps that have been used in animalor human patient care or treatment or in med-ical, research, or industrial laboratories,including hypodermic needles, syringes (withor without the attached needle), pasteurpipettes, scalpel blades, blood vials, needleswith attached tubing, and culture dishes

(regardless of presence of infectious agents).Also included are other types of broken orunbroken glassware that were in contact withinfectious agents, such as used slides andcover slips.

5. Animal waste including contaminatedanimal carcasses, body parts, and bedding ofanimals that were known to have beenexposed to infectious agents during research(including research in veterinary hospitals),production of biologicals or testing of phar-maceuticals.

6. Isolation wastes including biologicalwaste and discarded materials contaminatedwith blood, excretions, exudates, or secre-tions from humans who are isolated to pro-tect others from certain highly communicablediseases, or isolated animals known to beinfected with highly communicable diseases.

7. Unused sharps including the follow-ing unused, discarded sharps: hypodermicneedles, suture needles, syringes, and scalpelblades.

(U) Medium HMIWI means an HMIWIwhose maximum design waste burning capac-ity is more than two hundred (200) poundsper hour but less than or equal to five hun-dred (500) pounds per hour, or a continuousor intermittent HMIWI whose maximumcharge rate is more than two hundred (200)pounds per hour but less than or equal to fivehundred (500) pounds per hour, or a batchHMIWI whose maximum charge rate is morethan one thousand six hundred (1,600)pounds per day but less than or equal to fourthousand (4,000) pounds per day.

(V) Minimum dioxin/furan sorbent flowrate means ninety percent (90%) of the high-est three (3)-hour average dioxin/furan sor-bent flow rate (taken, at a minimum, onceevery hour) measured during the most recentperformance test demonstrating compliancewith the dioxin/furan emission limit.

(W) Minimum Hg sorbent flow rate meansninety percent (90%) of the highest three (3)-hour average Hg sorbent flow rate (taken, ata minimum, once every hour) measured dur-ing the most recent performance test demon-strating compliance with the Hg emissionlimit.

(X) Minimum hydrogen chloride (HCl)sorbent flow rate means ninety percent (90%)of the highest three (3)-hour average HCl sor-bent flow rate (taken, at a minimum, onceevery hour) measured during the most recentperformance test demonstrating compliancewith the HCl emission limit.

(Y) Minimum horsepower or amperagemeans ninety percent (90%) of the highestthree (3)-hour average horsepower or amper-age to the wet scrubber (taken, at a mini-mum, once every minute) measured duringthe most recent performance test demonstrat-ing compliance with the applicable emissionlimit.

(Z) Minimum pressure drop across the wetscrubber means ninety percent (90%) of thehighest three (3)-hour average pressure dropacross the wet scrubber particulate matter(PM) control device (taken, at a minimum,once every minute) measured during the mostrecent performance test demonstrating com-pliance with the PM emission limit.

(AA) Minimum scrubber liquor flow ratemeans ninety percent (90%) of the highestthree (3)-hour average liquor flow rate at theinlet to the wet scrubber (taken, at a mini-mum, once every minute) measured duringthe most recent performance test demonstrat-ing compliance with all applicable emissionlimits.

(BB) Minimum scrubber liquor pH meansninety percent (90%) of the highest three (3)-hour average liquor pH at the inlet to the wetscrubber (taken, at a minimum, once everyminute) measured during the most recent per-formance test demonstrating compliance withall HCl emission limits.

(CC) Minimum secondary chamber tem-perature means ninety percent (90%) of thehighest three (3)-hour average secondarychamber temperature (taken, at a minimum,once every minute) measured during the mostrecent performance test demonstrating com-pliance with the PM, carbon monoxide (CO),or dioxin/furan emission limits.

(DD) Pathological waste means wastematerial consisting of only human or animalremains, anatomical parts, and/or tissue, thebags/containers used to collect and transportthe waste material, and animal bedding (ifapplicable).

(EE) Pyrolysis means the endothermicgasification of hospital waste and/or med-ical/infectious waste using external energy.

(FF) Small HMIWI means an HMIWIwhose maximum design waste burningcapacity is less than or equal to two hundred(200) pounds per hour, or a continuous orintermittent HMIWI whose maximum chargerate is less than or equal to two hundred(200) pounds per hour, or a batch HMIWIwhose maximum charge rate is less than orequal to one thousand six hundred (1,600)pounds per day.

(GG) Standard Metropolitan StatisticalArea or SMSA means any areas listed inOffice of Management and Budget BulletinNo. 93-17 entitled “Revised Statistical Defi-nitions for Metropolitan Areas” date June 30,1993 (incorporated by reference).

(HH) Wet scrubber means an add-on airpollution control device that utilizes an alka-line scrubbing liquor to collect particulatematter (including nonvaporous metals andcondensed organics) and/or to absorb andneutralize acid gases.



(3) General Provisions.(A) Emission Limits.

1. On or after the date on which the ini-tial performance test is completed or Septem-ber 1, 2000, whichever date comes first, noowner or operator of an existing HMIWIshall cause to be discharged into the atmos-phere from that HMIWI any gases that con-tain stack emissions in excess of the limitspresented in Table 1 of this subsection,except as provided for in paragraph (3)(A)2.of this rule.

Emission limits

HMIWI size

PollutantUnits

(7 percent oxygen, dry basis)Small Medium Large

Particulatematter

milligrams per dry standard cubic meter (grainsper dry standard cubic foot)

115(0.05)

69(0.03)

34(0.015)

Carbonmonoxide

parts per million by volume 40 40 40

Dioxins/furans nanograms per dry standard cubic meter totaldioxins/furans (grains per billion dry standardcubic feet) or nanograms per dry standard cubicmeter TEQ (grains per billion dry standardcubic feet)

125(55)2.3

(1.0)

125(55)2.3

(1.0)

125(55)2.3

(1.0)

Hydrogenchloride

parts per million by volume or percentreduction

100 or93 %

100 or93 %

100 or93 %

Sulfur dioxide parts per million by volume 55 55 55

Nitrogen oxides parts per million by volume 250 250 250

Lead milligrams per dry standard cubic meter (grainsper thousand dry standard cubic feet) or percentreduction

1.2(0.52) or

70 %

1.2(0.52) or

70 %

1.2(0.52) or

70 %

Cadmium milligrams per dry standard cubic meter (grainsper thousand dry standard cubic feet) or percentreduction

0.16(0.07) or

65 %

0.16(0.07) or

65 %

0.16(0.07) or

65 %

Mercury milligrams per dry standard cubic meter (grainsper thousand dry standard cubic feet) or percentreduction

0.55(0.24) or

85 %

0.55(0.24) or

85 %

0.55(0.24) or

85 %

TABLE 1. EMISSION LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI



2. Small rural HMIWI located morethan fifty (50) miles from the boundary of thenearest Standard Metropolitan StatisticalArea and which burns less than two thousand(2,000) pounds per week of hospital wasteand medical/infectious waste shall complywith the emission limits described in sub-paragraphs (3)(A)2.A. and B. of this rule.The two thousands (2,000) pounds per weeklimitation does not apply during performancetests.

A. On or after the date on which theinitial equipment inspection is completed orSeptember 1, 2000, whichever date comesfirst, no owner or operator of an existingsmall rural HMIWI shall cause to be dis-charged into the atmosphere from thatHMIWI any gases that contain stack emis-sions in excess of the limits presented inTable 2 of this subparagraphs.

Pollutant Units(7 percent oxygen, dry basis)

HMIWIEmission limits

Particulate matter milligrams per dry standard cubic meter (grains per dry standardcubic foot)

197(0.086)

Carbon monoxide parts per million by volume 40

Dioxins/furans nanograms per dry standard cubic meter total dioxins/furans (grainsper billion dry standard cubic feet) or nanograms per dry standardcubic meter TEQ (grains per billion dry standard cubic feet)

800(350) or

15(6.6)

Hydrogen chloride parts per million by volume 3100

Sulfur dioxide parts per million by volume 55

Nitrogen oxides parts per million by volume 250

Lead milligrams per dry standard cubic meter (grains per thousand drystandard cubic feet)

10(4.4)

Cadmium milligrams per dry standard cubic meter (grains per thousand drystandard cubic feet)

4(1.7)

Mercury milligrams per dry standard cubic meter (grains per thousand drystandard cubic feet)

7.5(3.3)

TABLE 2. EMISSION LIMITS FOR SMALL RURAL HMIWI



B. On or after the date on which theinitial inspection is completed or September1, 2000, whichever date comes first, noowner or operator of an existing small ruralHMIWI shall cause to be discharged into theatmosphere from the stack of that HMIWIany gases that exhibit greater than ten percent(10%) opacity (six (6)-minute block average).

3. On or after the date on which the ini-tial performance test is completed or Septem-ber 1, 2000, whichever date comes first, noowner or operator of an existing HMIWIshall cause to be discharged into the atmos-phere from the stack of that HMIWI anygases that exhibit greater than ten percent(10%) opacity (six (6)-minute block average).

(B) Operator Training and QualificationRequirements.

1. No owner or operator of an existingHMIWI shall allow the HMIWI to operate atany time unless a fully trained and qualified HMIWI operator is accessible, either at thefacility or available within one (1) hour. Thetrained and qualified HMIWI operator mayoperate the HMIWI directly or be the directsupervisor of one (1) or more HMIWI oper-ators.

2. Operator training and qualificationshall be obtained by completing the require-ments included in paragraphs (3)(B)3.through 7. of this rule.

3. Training shall be obtained by com-pleting an HMIWI operator training coursethat includes, at a minimum, the followingprovisions:

A. Twenty-four (24) hours of trainingon the following subjects:

(I) Environmental concerns,including pathogen destruction and types ofemissions;

(II) Basic combustion principles,including products of combustion;

(III) Operation of the type of incin-erator to be used by the operator, including proper startup, waste charging, and shutdownprocedures;

(IV) Combustion controls andmonitoring;

(V) Operation of air pollution con-trol equipment and factors affecting perfor-mance (if applicable);

(VI) Methods to monitor pollutantsand equipment calibration procedures (whereapplicable);

(VII) Inspection and maintenanceof the HMIWI, air pollution control devices,and continuous emission monitoring systems;

(VIII) Actions to correct malfunc-tions or conditions that may lead to malfunc-tion;

(IX) Bottom and fly ash character-istics and handling procedures;

(X) Applicable federal, state, andlocal regulations;

(XI) Work safety procedures;(XII) Pre-startup inspections; and(XIII) Record keeping require-

ments;B. An examination designed and

administered by the instructor; andC. Reference material distributed to

the attendees covering the course topics.4. Qualifications shall be obtained by—

A. Completion of a training coursethat satisfies the criteria under paragraph(3)(B)3. of this rule; and

B. Either six (6) months experience asan HMIWI operator, six (6) months experi-ence as a direct supervisor of an HMIWIoperator, or completion of at least two (2)burn cycles under the observation of two (2)qualified HMIWI operators.

5. Qualification is valid from the date onwhich the examination is passed or the com-pletion of the required experience, whicheveris later.

6. To maintain qualification, the trainedand qualified HMIWI operator shall com-plete and pass an annual review or refreshercourse of at least four (4) hours covering, ata minimum, the following:

A. Update of regulations;B. Incinerator operation, including

startup and shutdown procedures;C. Inspection and maintenance;D. Responses to malfunctions or con-

ditions that may lead to malfunction; andE. Discussion of operating problems

encountered by attendees.7. A lapsed qualification shall be

renewed by one (1) of the following methods:A. For a lapse of less than three (3)

years, the HMIWI operator shall completeand pass a standard annual refresher coursedescribed in paragraph (3)(B)6. of this rule;or

B. For a lapse of three (3) years ormore, the HMIWI operator shall completeand pass a training course with the minimumcriteria described in paragraph (3)(B)3. ofthis rule.

8. The owner or operator of an HMIWIshall maintain documentation at the facilitythat address the following:

A. Summary of the applicable stan-dards under this subpart;

B. Description of basic combustiontheory applicable to an HMIWI;

C. Procedures for receiving, han-dling, and charging waste;

D. HMIWI startup, shutdown, andmalfunction procedures;

E. Procedures for maintaining propercombustion air supply levels;

F. Procedures for operating theHMIWI and associated air pollution controlsystems within the standards establishedunder this subpart;

G. Procedures for responding to peri-odic malfunction or conditions that may leadto malfunction;

H. Procedures for monitoringHMIWI emissions;

I. Reporting and record keeping pro-cedures; and

J. Procedures for handling ash.9. The owner or operator of an HMIWI

shall establish a program for reviewing theinformation listed in paragraph (3)(B)8. ofthis rule annually with each HMIWI opera-tor.

A. The initial review of the informa-tion listed in paragraph (3)(B)8. of this ruleshall be conducted within six (6) months afterthe effective date of this rule or prior toassumption of responsibilities affectingHMIWI operation, whichever date is later.

B. Subsequent reviews of the informa-tion listed in paragraph (3)(B)8. of this ruleshall be conducted annually.

10. The information listed in paragraph(3)(B)8. of this rule shall be kept in a readilyaccessible location for all HMIWI operators.This information, along with records of train-ing shall be available for inspection by thedepartment or its delegated enforcementagent upon request.

(C) Waste Management Plan. The owneror operator of an HMIWI shall prepare awaste management plan. The waste manage-ment plan shall identify both the feasibilityand the approach to separate certain compo-nents of solid waste from the health carewaste stream in order to reduce the amount oftoxic emissions from incinerated waste. Awaste management plan may include, but isnot limited to, elements such as paper, card-board, plastics, glass, battery, or metal recy-cling; or purchasing recycled or recyclableproducts. A waste management plan mayinclude different goals or approaches for dif-ferent areas or departments of the facility andneed not include new waste managementgoals for every waste stream. It should iden-tify, where possible, reasonably availableadditional waste management measures, tak-ing into account the effectiveness of wastemanagement measures already in place, thecosts of additional measures, the emissionreductions expected to be achieved, and anyother environmental or energy impacts theymight have. The American Hospital Associa-tion publication entitled An Ounce of Preven-

tion: Waste Reduction Strategies for



Health Care Facilities (incorporated by refer-ence) shall be considered in the developmentof the waste management plan.

(D) Inspection Guidelines.1. Each small rural HMIWI subject to

the emission limits under paragraph (3)(A)2.of this rule shall undergo an initial equipmentinspection by September 1, 2000.

A. At a minimum, an inspection shallinclude the following:

(I) Inspect all burners, pilot assem-blies, and pilot sensing devices for properoperation;

(II) Ensure proper adjustment ofprimary and secondary chamber combustionair;

(III) Inspect hinges and door latch-es;

(IV) Inspect dampers, fans andblowers for proper operation;

(V) Inspect HMIWI door and doorgaskets for proper sealing;

(VI) Inspect motors for properoperation;

(VII) Inspect primary chamberrefractory lining;

(VIII) Inspect incinerator shell forcorrosion and/or hot spots;

(IX) Inspect secondary/tertiarychamber and stack;

(X) Inspect mechanical loader,including limit switches, for proper opera-tion, if applicable;

(XI) Visually inspect waste bed(grates);

(XII) For the burn cycle that fol-lows the inspection, document that the incin-erator is operating properly;

(XIII) Inspect air pollution controldevices for proper operation, if applicable;

(XIV) Inspect waste heat boiler sys-tems to ensure proper operation, if applica-ble;

(XV) Inspect bypass stack compo-nents;

(XVI) Ensure proper calibration ofthermocouples, sorbent feed systems and anyother monitoring equipment; and

(XVII) Generally observe that theequipment is maintained in good operatingcondition.

B. Within ten (10) operating days followingan equipment inspection all necessary repairsshall be completed unless the owner or oper-ator obtains written approval from the depart-ment or local air pollution control authorityestablishing a date whereby all necessaryrepairs of the designated facility shall becompleted.

2. Each small rural HMIWI subject tothe emission limits under paragraph (3)(A)2.of this rule shall undergo an equipment

inspection annually (no more than twelve(12) months following the previous annualequipment inspection), as outlined in sub-paragraphs (3)(D)1.A. and B. of this rule.

(E) Compliance and Performance Testing.1. The emission limits under this rule

apply at all times except during periods ofstartup, shutdown, or malfunction, providedthat no hospital waste or medical/infectiouswaste is charged to the HMIWI during start-up, shutdown, or malfunction.

2. Except as provided in paragraph(3)(E)11. of this rule, the owner or operatorof an HMIWI shall conduct an initial perfor-mance test to determine compliance with theemission limits using the procedures and testmethods listed in subparagraphs (3)(E)2.A.through K. of this rule. The use of the bypassstack during a performance test shall invali-date the performance test.

A. All performance tests shall consistof a minimum of three (3) test runs conduct-ed under representative operating conditions.

B. The minimum sample time shall beone (1) hour per test run unless otherwiseindicated.

C. EPA Reference Method 1 of 40CFR part 60, appendix A (incorporated byreference) shall be used to select the samplinglocation and number of traverse points.

D. EPA Reference Method 3 or 3A of40 CFR part 60, appendix A (incorporated byreference) shall be used for gas compositionanalysis, including measurement of oxygenconcentration. EPA Reference Method 3 or3A shall be used simultaneously with eachreference method.

E. The pollutant concentrations shallbe adjusted to seven percent (7%) oxygenusing the following equation:

Cadj = Cmeas (20.9 – 7) / (20.9 – % O2)

where:Cadj = pollutant concentration adjust-

ed to 7 percent oxygenCmeas = pollutant concentration mea-

sured on a dry basis(20.9 – 7) = 20.9 percent oxygen – 7

percent oxygen (defined oxygen correction basis)

20.9 = oxygen concentration in air, percent

% O2 = oxygen concentration mea-sured on a dry basis, percent

F. EPA Reference Method 5 or 29 of40 CFR part 60, appendix A (incorporated byreference) shall be used to measure the PMemissions.

G. EPA Reference Method 9 of 40CFR part 60, appendix A (incorporated by

reference) shall be used to measure stackopacity.

H. EPA Reference Method 10 or 10Bof 40 CFR part 60, appendix A (incorporat-ed by reference) shall be used to measure theCO emissions.

I. EPA Reference Method 23 of 40CFR part 60, appendix A (incorporated byreference) shall be used to measure totaldioxin/furan emissions. The minimum sam-ple time shall be four (4) hours per test run.If the affected facility has selected the toxicequivalency standards for dioxin/furans thefollowing procedures shall be used to deter-mine compliance:

(I) Measure the concentration ofeach dioxin/furan tetra- through octa-con-gener emitted using EPA Reference Method23;

(II) For each dioxin/furan congenermeasured in accordance with part(3)(E)2.I.(I) of this rule, multiply the con-gener concentration by its correspondingtoxic equivalency factor specified in Table 3of this part; and



(III) Sum the products calculated inaccordance with part (3)(E)2.I.(II) of thisrule to obtain the total concentration of diox-ins/furans emitted in terms of toxic equiva-lency.

J. EPA Reference Method 26 of 40CFR part 60, appendix A (incorporated byreference) shall be used to measure HClemissions. If the affected facility has select-ed the percentage reduction standards forHCl under section (3) of this rule, the per-centage reduction in HCl emissions (%RHCl)is computed using the following formula:

where:

%RHCl = percentage reduction of HClemission achieved

Ei = HCl emission concentration mea-

sured at the control device inlet, corrected to7 percent oxygen (dry basis)

Eo = HCl emission concentration mea-

sured at the control device outlet, correctedto 7 percent oxygen (dry basis)

K. EPA Reference Method 29 shallbe used to measure Lead (Pb), Cadmium(Cd), and Hg emissions. If the affected facil-ity has selected the percentage reduction stan-dards for metals under section (3) of thisrule, the percentage reduction in emissions(%Rmetal) is computed using the following

formula:

where:

%Rmetal = percentage reduction of metal

emission (Pb, Cd, or Hg) achieved

Ei = metal emission concentration (Pb,

Cd, or Hg) measured at the control device

inlet, corrected to 7 percent oxygen (dry

basis)

Eo = metal emission concentration (Pb,

Cd, or Hg) measured at the control device

outlet, corrected to 7 percent oxygen (dry

basis)

3. Following the date on which the ini-

tial performance test is completed or Sep-

tember 1, 2000, whichever date comes first,

the owner or operator of an affected facility

shall—

A. Determine compliance with the

opacity limit by conducting an annual per-

formance test (no more than twelve (12)

months following the previous performance

test) using the applicable procedures and test

Dioxin/furan congenerToxic equivalency

factor

2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1

1,2,3,7,8-pentachlorinated dibenzo-p-dioxin 0.5

1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin 0.1



1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin 0.01

octachlorinated dibenzo-p-dioxin 0.001

2,3,7,8-tetrachlorinated dibenzofuran 0.1

2,3,4,7,8-pentachlorinated dibenzofuran 0.5

1,2,3,7,8-pentachlorinated dibenzofuran 0.05

1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1




1,2,3,4,6,7,8-heptachlorinated dibenzofuran 0.01

1,2,3,4,7,8,9-heptachlorinated dibenzofuran 0.01

octachlorinated dibenzofuran 0.001

TABLE 3. TOXIC EQUIVALENCY FACTORS

(Ei–Eo)

Ei

(%RHCl) = × 100 (Ei–Eo)

Ei

(%Rmetal) × 100



methods listed in paragraph (3)(E)2. of this

rule;B. Determine compliance with the

PM, CO, and HCl emission limits by con-ducting an annual performance test (no morethan twelve (12) months following the previ-ous performance test) using the applicableprocedures and test methods listed in para-graph (3)(E)2. of this rule. If all three (3)performance tests over a three (3)-year peri-od indicate compliance with the emissionlimit for a pollutant (PM, CO, or HCl), theowner or operator may forego a performancetest for that pollutant for the subsequent two(2) years. At a minimum, a performance testfor PM, CO, and HCl shall be conductedevery third year (no more than thirty-six (36)months following the previous performancetest). If a performance test conducted everythird year indicates compliance with theemission limit for a pollutant (PM, CO, orHCl), the owner or operator may forego aperformance test for that pollutant for anadditional two (2) years. If any performancetest indicates noncompliance with the respec-tive emission limit, a performance test forthat pollutant shall be conducted annuallyuntil all annual performance tests over a three(3)-year period indicate compliance with theemission limit. The use of the bypass stackduring a performance test shall invalidate theperformance test; and

C. Facilities using a ContinuousEmission Monitoring System (CEMS) todemonstrate compliance with any of theemission limits under section (3) of this ruleshall—

(I) Determine compliance with theappropriate emission limit(s) using a twelve(12)-hour rolling average, calculated eachhour as the average of the previous twelve(12) operating hours (not including startup,shutdown, or malfunction); and

(II) Operate all CEMS in accor-dance with the applicable procedures underappendices B and F of 40 CFR part 60(incorporated by reference).

4. The owner or operator of an affectedfacility equipped with a dry scrubber fol-lowed by a fabric filter, a wet scrubber, or adry scrubber followed by a fabric filter andwet scrubber shall—

A. Establish the appropriate maxi-mum and minimum operating parameters,indicated in Table 4 of this subparagraph foreach control system, as site-specific operat-ing parameters during the initial performancetest to determine compliance with the emis-sion limits; and



Minimum frequency Control system

Operating parameters to bemonitored

Datameasurement

Datarecording

Dryscrubber

followed byfabric filter

Wetscrubber

Dryscrubber

followed byfabric filter

and wetscrubber

MAXIMUM OPERATING PARAMETERS

Maximum charge rate Continuous 1 per hour � � �

Maximum fabric filterinlet temperature

Continuous 1 per minute � �

Maximum flue gas temperature Continuous 1 per minute � �

MIMIMUM OPERATING PARAMETERS

Minimum secondary chambertemperature

continuous 1 per minute � � �

Minimum dioxin/furan sorbentflow rate

hourly 1 per hour � �

Minimum HCl sorbent flow rate hourly 1 per hour � �

Minimum mercury (Hg) sorbentflow rate

hourly 1 per hour � �

Minimum pressure drop acrossthe wet scrubber or minimumhorsepower or amperage to wetscrubber

continuous 1 per minute � �

Minimum scrubber liquor flowrate

continuous 1 per minute � �

Minimum scrubber liquor pH continuous 1 per minute � �

TABLE 4. OPERATING PARAMETERS TO BE MONITORED AND MINIMUM MEASUREMENT AND

RECORDING FREQUENCIES



B. Following the date on which theinitial performance test is completed or Sep-tember 1, 2000, whichever date comes first,ensure that the affected facility does not oper-ate above any of the applicable maximumoperating parameters or below any of theapplicable minimum operating parameterslisted in Table 4 and measured as three (3)-hour rolling averages (calculated each hour asthe average of the previous three (3) operat-ing hours) at all times except during periodsof startup, shutdown and malfunction. Oper-ating parameter limits do not apply duringperformance tests. Operation above theestablished maximum or below the estab-lished minimum operating parameter(s) shallconstitute a violation of established operatingparameter(s).

5. Except as provided in paragraph(3)(E)8. of this rule, for affected facilitiesequipped with a dry scrubber followed by afabric filter—

A. Operation of the affected facilityabove the maximum charge rate and belowthe minimum secondary chamber tempera-ture (each measured on a three (3)-hourrolling average) simultaneously shall consti-tute a violation of the CO emission limit;

B. Operation of the affected facilityabove the maximum fabric filter inlet tem-perature, above the maximum charge rate,and below the minimum dioxin/furan sorbentflow rate (each measured on a three (3)-hourrolling average) simultaneously shall consti-tute a violation of the dioxin/furan emissionlimit;

C. Operation of the affected facilityabove the maximum charge rate and belowthe minimum HCl sorbent flow rate (eachmeasured on a three (3)-hour rolling average)simultaneously shall constitute a violation ofthe HCl emission limit;

D. Operation of the affected facilityabove the maximum charge rate and belowthe minimum Hg sorbent flow rate (eachmeasured on a three (3)-hour rolling average)simultaneously shall constitute a violation ofthe Hg emission limit; or

E. Use of the bypass stack (exceptduring startup, shutdown, or malfunction)shall constitute a violation of the PM, diox-in/furan, HCl, Pb, Cd and Hg emission lim-its.

6. Except as provided in paragraph(3)(E)8. of this rule, for affected facilitiesequipped with a wet scrubber—

A. Operation of the affected facilityabove the maximum charge rate and belowthe minimum pressure drop across the wetscrubber or below the minimum horsepoweror amperage to the system (each measured ona three (3)-hour rolling average) simultane-

ously shall constitute a violation of the PMemission limit;

B. Operation of the affected facilityabove the maximum charge rate and belowthe minimum secondary chamber tempera-ture (each measured on a three (3)-hourrolling average) simultaneously shall consti-tute a violation of the CO emission limit;

C. Operation of the affected facilityabove the maximum charge rate, below theminimum secondary temperature, and belowthe minimum scrubber liquor flow rate (eachmeasured on a three (3)-hour rolling average)simultaneously shall constitute a violation ofthe dioxin/furan emission limit;

D. Operation of the affected facilityabove the maximum charge rate and belowthe minimum scrubber liquor pH (each mea-sured on a three (3)-hour rolling average)simultaneously shall constitute a violation ofthe HCl emission limit;

E. Operation of the affected facilityabove the maximum flue gas temperature andabove the maximum charge rate (each mea-sured on a three (3)-hour rolling average)simultaneously shall constitute a violation ofthe Hg emission limit; or

F. Use of the bypass stack (exceptduring startup, shutdown, or malfunction)shall constitute a violation of the PM, diox-in/furan, HCl, Pb, Cd and Hg emission lim-its.

7. Except as provided in paragraph(3)(E)8. of this rule, for affected facilitiesequipped with a dry scrubber followed by afabric filter and a wet scrubber—

A. Operation of the affected facilityabove the maximum charge rate and belowthe minimum secondary chamber tempera-ture (each measured on a three (3)-hourrolling average) simultaneously shall consti-tute a violation of the CO emission limit;

B. Operation of the affected facilityabove the maximum fabric filter inlet tem-perature, above the maximum charge rate,and below the minimum dioxin/furan sorbentflow rate (each measured on a three (3)-hourrolling average) simultaneously shall consti-tute a violation of the dioxin/furan emissionlimit;

C. Operation of the affected facilityabove the maximum charge rate and belowthe minimum scrubber liquor pH (each mea-sured on a three (3)-hour rolling average)simultaneously shall constitute a violation ofthe HCl emission limit;

D. Operation of the affected facilityabove the maximum charge rate and belowthe minimum Hg sorbent flow rate (eachmeasured on a three (3)-hour rolling average)simultaneously shall constitute a violation ofthe Hg emission limit; or

E. Use of the bypass stack (exceptduring startup, shutdown, or malfunction)shall constitute a violation of the PM, diox-in/furan, HCl, Pb, Cd and Hg emission lim-its.

8. The owner or operator of an affectedfacility may conduct a repeat performancetest within thirty (30) days of violation ofapplicable operating parameter(s) to demon-strate that the affected facility is not in viola-tion of the applicable emission limit(s).Repeat performance tests conducted pursuantto this paragraph shall be conducted using theidentical operating parameters that indicateda violation under paragraphs (3)(E)5., 6., or7. of this rule.

9. The owner or operator of an affectedfacility using an air pollution control deviceother than a dry scrubber followed by a fab-ric filter, a wet scrubber, or a dry scrubberfollowed by a fabric filter and a wet scrubberto comply with the emission limits under sec-tion (3) of this rule shall petition the admin-istrator for other site-specific operating para-meters to be established during the initialperformance test and continuously monitoredthereafter. The owner or operator shall notconduct the initial performance test until afterthe petition has been approved by the admin-istrator.

10. The owner or operator of an affect-ed facility may conduct a repeat performancetest at any time to establish new values for theoperating parameters. The department mayrequest a repeat performance test at any time.

11. Small rural HMIWI subject to theemission limits under paragraph (3)(A)2. ofthis rule shall meet the following complianceand performance testing requirements:

A. Conduct the performance testingrequirements in paragraph (3)(E)1., subpara-graphs (3)(E)2.A. through I., (3)(E)2.K. (Hgonly), and (3)(E)3.A. of this rule. The twothousand (2,000) pound per week limitationdoes not apply during performance tests;

B. Establish maximum charge rateand minimum secondary chamber tempera-ture as site-specific operating parameters dur-ing the initial performance test to determinecompliance with applicable emission limits;

C. Following the date on which theinitial performance test is completed or Sep-tember 1, 2000, whichever date comes first,ensure that the designated facility does notoperate above the maximum charge rate orbelow the minimum secondary chamber tem-perature measured as three (3)-hour rollingaverages (calculated as the average of the pre-vious three (3) operating hours) at all timesexcept during periods of startup, shutdownand malfunction. Operating parameter limitsdo not apply during performance tests.Operation above the maximum charge rate or



below the minimum secondary chamber tem-perature shall constitute a violation of theestablished operating parameter(s);

D. Except as provided in subpara-graph (3)(E)11.E. of this rule, operation ofthe designated facility above the maximumcharge rate and below the minimum sec-ondary chamber temperature (each measuredon a three (3)-hour rolling average) simulta-neously shall constitute a violation of thePM, CO, and dioxin/furan emission limits;and

E. The owner or operator of a desig-nated facility may conduct a repeat perfor-mance test within thirty (30) days of the vio-lation of applicable operating parameter(s) todemonstrate that the designated facility is notin violation of the applicable emissionlimit(s). Repeat performance tests conductedpursuant to this paragraph must be conductedusing the identical operating parameters thatindicated a violation under subparagraph(3)(E)11.D. of this rule.

(F) Monitoring Requirements.1. Except as provided for under para-

graph (3)(F)5. of this rule, the owner oroperator of an HMIWI shall install, calibrate(to manufacturers’ specification), maintain,and operate devices (or establish methods)for monitoring the applicable maximum andminimum operating parameters listed inTable 4 of subparagraph (3)(E)4.A. of thisrule such that these devices (or methods)measure and record values for these operatingparameters at the frequency indicated inTable 4 of subparagraph (3)(E)4.A. at alltimes except during periods of startup andshutdown.

2. The owner or operator of an HMIWIshall install, calibrate (to manufacturers’specifications), maintain and operate a deviceor method for measuring the use of thebypass stack including date, time, and dura-tion.

3. The owner or operator of an HMIWIusing something other than a dry scrubberfollowed by a fabric filter, a wet scrubber, ora dry scrubber followed by a fabric filter anda wet scrubber to comply with the emissionlimits under section (3) of this rule shallinstall, calibrate (to manufacturers’ specifica-tions), maintain, and operate the equipmentnecessary to monitor the site-specific operat-ing parameters developed pursuant to para-graph (3)(E)9. of this rule.

4. The owner or operator of an HMIWIshall obtain monitoring data at all times dur-ing HMIWI operation except during periodsof monitoring equipment malfunction, cali-bration, or repair. At a minimum, valid mon-itoring data shall be obtained for seventy-fivepercent (75%) of the operating hours per day

for ninety percent (90%) of the operatingdays per calendar quarter that the HMIWI iscombusting hospital waste and/ormedical/infectious waste.

5. Small rural HMIWI subject to theemission limits under paragraph (3)(A)2. ofthis rule shall meet the following monitoringrequirements:

A. Install, calibrate (to manufactur-ers’ specification), maintain, and operate adevice for measuring and recording the tem-perature of the secondary chamber on a con-tinuous basis, the output of which shall berecorded, at a minimum, once every minutethroughout operation;

B. Install, calibrate (to manufacturers’specification), maintain, and operate a devicethat automatically measures and records thedate, time, and weight of each charge fed intothe HMIWI; and

C. The owner or operator of a desig-nated facility shall obtain monitoring data atall times during HMIWI operation exceptduring periods of monitoring equipment mal-function, calibration, or repair. At a mini-mum, valid monitoring data shall be obtainedfor seventy-five percent (75%) of the operat-ing hours per day for ninety percent (90%) ofthe operating days per calendar quarter thatthe designated facility is combusting hospitalwaste and/or medical/infectious waste.

(4) Reporting and Record Keeping.(A) Except as provided for under subsec-

tion (4)(F) of this rule, the owner or operatorof an HMIWI shall maintain the followinginformation (as applicable) for a period of atleast five (5) years:

1. Calendar date of each record;2. Records of the following data:

A. Concentrations of any pollutantlisted in section (3) of this rule or measure-ments of opacity as determined by the con-tinuous emission monitoring system (ifapplicable);

B. HMIWI charge dates, times, andweights and hourly charge rates;

C. Fabric filter inlet temperaturesduring each minute of operation, as applica-ble;

D. Amount and type of dioxin/furansorbent used during each hour of operation,as applicable;

E. Amount and type of Hg sorbentused during each hour of operation, asapplicable;

F. Amount and type of HCl sorbentused during each hour of operation, asapplicable;

G. Secondary chamber temperaturesrecorded during each minute of operation;

H. Liquor flow rate to the wet scrub-ber inlet during each minute of operation, asapplicable;

I. Horsepower or amperage to the wetscrubber during each minute of operation, asapplicable;

J. Pressure drop across the wet scrub-ber system during each minute of operation,as applicable;

K. Temperature at the outlet from thewet scrubber during each minute of opera-tion, as applicable;

L. pH of the scrubber liquor at theinlet to the wet scrubber during each minuteof operation, as applicable;

M. Records indicating use of thebypass stack, including dates, times, anddurations; and

N. For HMIWI complying with para-graph (3)(E)9. and paragraph (3)(F)3. of thisrule, the owner or operator shall maintain alloperating parameter data collected;

3. Identification of calendar days forwhich data on emission rates or operatingparameters specified under paragraph(4)(A)2. of this rule have not been obtained,with an identification of the emission rates oroperating parameters not measured, reasonsfor not obtaining the data, and a descriptionof corrective actions taken;

4. Identification of calendar days, timesand durations of malfunctions, a descriptionof the malfunction and the corrective actiontaken;

5. Identification of calendar days forwhich data on emission rates or operatingparameters specified under paragraph(4)(A)2. of this rule exceeded the applicablelimits, with a description of the exceedances,reasons for such exceedances, and a descrip-tion of corrective actions taken;

6. The results of the initial, annual, andany subsequent performance tests conductedto determine compliance with the emissionlimits and/or to establish operating parame-ters, as applicable;

7. Records showing the names ofHMIWI operators who have completedreview of the information in paragraph(3)(B)8. of this rule as required by paragraph(3)(B)9. of this rule, including the date of theinitial review and all subsequent annualreviews;

8. Records showing the names of theHMIWI operators who have completed theoperator training requirements, includingdocumentation of training and the dates of thetraining;

9. Records showing the names of theHMIWI operators who have met the criteriafor qualification under subsection (3)(B) of

this rule and the dates of their qualification;and

10. Records of calibration of any moni-toring devices as required under paragraphs(3)(F)1., 2., and 3. of this rule.

(B) The owner or operator of an HMIWIshall submit to the department the informa-tion specified in paragraphs (4)(B)1. through3. of this rule no later than sixty (60) daysfollowing the initial performance test. Allreports shall be signed by the facilities man-ager.

1. The initial performance test data asrecorded under subparagraphs (3)(E)2.A.through K. of this rule, as applicable.

2. The values for the site-specific oper-ating parameters established pursuant to para-graph (3)(E)4. or 9. of this rule, as applica-ble.

3. The waste management plan as spec-ified in subsection (3)(C) of this rule.

(C) An annual report shall be submitted tothe department one (1) year following thesubmission of the information in subsection(4)(B) of this rule and subsequent reportsshall be submitted no more than twelve (12)months following the previous report (oncethe unit is subject to permitting requirementsunder Title V of the Clean Air Act, the owneror operator of an affected facility must sub-mit these reports semiannually). The annualreport shall include the information specifiedin paragraphs (4)(C)1. through 8. of this rule.All reports shall be signed by the facilitiesmanager.

1. The values for the site-specific oper-ating parameters established pursuant to para-graph (3)(E)4. or 9. of this rule, as applica-ble.

2. The highest maximum operatingparameter and the lowest minimum operatingparameter, as applicable, for each operatingparameter recorded for the calendar yearbeing reported, pursuant to paragraph(3)(E)4. or 9. of this rule, as applicable.

3. The highest maximum operatingparameter and the lowest minimum operatingparameter, as applicable for each operatingparameter recorded pursuant to paragraph(3)(E)4. or 9. of this rule for the calendaryear preceding the year being reported, inorder to provide the department with a sum-mary of the performance of the affected facil-ity over a two (2)-year period.

4. Any information recorded underparagraphs (4)(A)3. through 5. of this rulefor the calendar year being reported.

5. Any information recorded underparagraphs (4)(A)3. through 5. of this rulefor the calendar year preceding the year beingreported, in order to provide the department

with a summary of the performance of theaffected facility over a two (2)-year period.

6. If a performance test was conductedduring the reporting period, the results of thattest.

7. If no exceedances or malfunctionswere reported under paragraphs (4)(A)3.through 5. of this rule for the calendar yearbeing reported, a statement that noexceedances occurred during the reportingperiod.

8. Any use of the bypass stack, the dura-tion, reason for malfunction, and correctiveaction taken.

(D) The owner or operator of an HMIWIshall submit to the department semiannualreports containing any information recordedunder paragraphs (4)(A)3. through 5. of thisrule no later than sixty (60) days followingthe reporting period. The first semiannualreporting period ends six (6) months follow-ing the submission of information in subsec-tion (4)(B) of this rule. Subsequent reportsshall be submitted to the department no laterthan six (6) calendar months following theprevious report. All reports shall be signedby the facilities manager.

(E) All records specified under subsection(4)(A) of this rule shall be maintained on-sitein either paper copy or computer-readableformat, unless an alternative format isapproved by the department.

(F) The owner or operator of a small ruralHMIWI subject to the emission limits underparagraph (3)(A)2. of this rule shall—

1. Maintain records of the annual equip-ment inspections, any required maintenance,and any repairs not completed within ten (10)days of an inspection or the time frame estab-lished by the inspector; and

2. Submit an annual report to the depart-ment containing information recorded underparagraph (4)(F)1. of this rule no later thansixty (60) days following the year in whichdata were collected. Subsequent reports shallbe sent no later than twelve (12) calendarmonths following the previous report (oncethe unit is subject to permitting requirementsunder Title V of the Clean Air Act, the owneror operator must submit these reports semi-annually). The report shall be signed by thefacilities manager.

(5) Test Methods. Test methods can be foundin subparagraphs (3)(E)2.A. through(3)(E)2.K. of this rule.

AUTHORITY: section 643.050, RSMo Supp.1999.* Original rule filed Dec. 1, 1998,effective July 30, 1999. Amended: Filed Oct.13, 2000, effective July 30, 2001.


10 CSR 10-6.210 Confidential Information

PURPOSE: This rule provides proceduresand conditions for handling confidentialinformation.

(1) Application. This rule shall apply to allbusiness information requested to be desig-nated confidential by the Missouri Air Con-servation Commission. This rule shall notapply to emission data included in the infor-mation that shall not be entitled to confiden-tial treatment, as provided by section643.050.4, RSMo.

(2) General. Any information submitted pur-suant to this rule or other rules of the Mis-souri Air Conservation Commission that con-tains, or from which could be derived,confidential business information, shall bekept confidential by the commission andemployees and agents of the Department ofNatural Resources if a timely request for con-fidentiality is made by the person submittingthe information.

(3) Definitions. (A) Definitions for key words used in this

rule may be found in 10 CSR 10-6.020(2). (B) Additional definitions specific to this

rule are as follows: 1. Confidential business information—

Secret processes, secret methods of manufac-ture or production, trade secrets and otherinformation possessed by a business that,under existing legal concepts, the businesshas a right to preserve as confidential, and tolimit its use by not disclosing it to others inorder that the business may obtain or retainbusiness advantages it derives from its rightsin the information; and

2. Emission data—A. The identity, amount, frequency,

concentration or other characteristics (relatedto air quality) of any air contaminant which—

(I) Has been emitted from an emis-sion unit;

(II) Results from any emission bythe emissions unit;

(III) Under an applicable standardor limitation, the emissions unit was autho-rized to emit; or

(IV) Is a combination of any of theparts (3)(B)2.A.(I), (II) or (III) of this rule;

B. The name, address (or descriptionof the location) and the nature of the emis-sions unit necessary to identify the emissionunits including, a description of the device,equipment, or operation constituting theemissions unit; and





C. The results of any emission testingor monitoring required to be reported underthis rule or other rules of the commission.

(4) Procedures. (A) An owner or operator who wishes to

claim confidentiality for any information sub-mitted pursuant to this rule or other rules ofthe commission shall submit a claim of con-fidentiality within ten (10) working days fol-lowing the time the information is submitted.Failure to submit a claim of confidentialitywithin the required time shall result in awaiver of any claim to confidentiality.

(B) The claim of confidentiality shall beaccompanied by a justification that the infor-mation is entitled to confidential treatment.

(C) Upon receipt of a timely claim of con-fidentiality, the director shall evaluate theclaim and inform the owner or operator thatthe claim has been granted, or that a prelim-inary decision has been made to deny theclaim in whole or in part. Until that time inwhich the claim is reviewed it shall be held inconfidence.

(D) The owner or operator shall have fif-teen (15) working days from the receipt of thepreliminary decision to deny the claim inwhich to submit further justification or com-ments to the director. The director shallinform the owner or operator of his/her finaldecision on whether the claim will be deniedin whole or in part within ten (10) workingdays.

(E) The owner or operator may appeal tothe commission from the director’s finaldecision to deny a claim of confidentiality inwhole or part by filing a notice of appeal withthe staff director within twenty (20) workingdays after receipt of the director’s final deci-sion. Upon the timely filing of a notice ofappeal, the confidentiality of the informationshall be preserved until the entry of a finalorder by the commission.

(F) If the commission’s final decision is todeny the claim of confidentiality in whole orin part, the director shall treat the informa-tion as subject to public disclosure unless theowner or operator files a timely action forjudicial review pursuant to section 536.110,RSMo. If a timely action for judicial reviewis filed, the confidentiality of the informationshall be preserved until adjudication of thematter upon judicial review.

(G) A claim of confidentiality under thisrule shall be granted if—

1. The owner or operator has asserted abusiness confidentiality claim that has notexpired by its terms, been waived or with-drawn;

2. The owner or operator has satisfacto-rily shown that it has taken reasonable mea-

sures to protect the confidentiality of theinformation and that it intends to continue totake those measures;

3. The information is not, and has notbeen, reasonably obtained without theowner’s or operator’s consent by other per-sons (other than governmental bodies) by useof legitimate means (other than discoverybased on a showing of special needs in a judi-cial or quasi-judicial proceeding);

4. No statute specifically requires publicdisclosure of the information;

5. The information is not emission data;and

6. The owner or operator has satisfacto-rily shown that public disclosure of the infor-mation—

A. Is likely to cause substantial harmto the business’ competitive position; or

B. Was voluntarily submitted and itsdisclosure would be likely to impair thedirector’s ability to obtain necessary informa-tion in the future. Information is voluntarilysubmitted if the director has no statutory, reg-ulatory or contractual authority to obtainsome benefit or avoid some disadvantageunder the Missouri Air Conservation Lawand implementing rules (for example, infor-mation required to obtain a permit or otherapproval is submitted to obtain a benefit fromthe Missouri Air Conservation Commission).

(5) Conditions for Any Disclosure. (A) Public Request. Upon receipt of a re-

quest from a member of the public for releaseof any information submitted under a claim ofconfidentiality, and for which the claim hasnot been finally denied, the director shallinform both the person making the requestand the owner or operator that the request forthe information is denied or that a tentativedecision has been made to release the infor-mation. A preliminary decision to release theinformation shall be treated in the same man-ner as a preliminary decision to deny a claimof confidentiality under subsections (4)(C)–(G) of this rule.

(B) Confidential and Public Information. Ifthe information submitted under a claim ofconfidentiality contains both informationwhich is entitled to confidential treatment andemission data or other information not enti-tled to confidential treatment, the directormay take reasonable steps to segregate thatinformation entitled to confidential treatmentfrom that subject to public disclosure. Thesesteps may include, without limitation, photo-copying for the public file only portions ofthe submitted information or applying tech-niques that would result in confidential infor-mation being blacked out in the photocopyingprocess. If information entitled to confiden-tiality cannot reasonably be separated from

emission data, all the information must betreated as subject to public disclosure.

(C) Public Release. The director and his/her designees shall not release to the public,or place in the public file, any informationfor which a timely claim of confidentialityhas been made until the procedures undersubsections (4)(C)–(G) and (5)(A) of this rulehave been observed.

(D) Disclosure to Local Agencies. Infor-mation submitted under a claim of confiden-tiality, and where the claim has not beenfinally denied, may be disclosed to local airpollution control agencies if—

1. The owner or operator is given priornotice fifteen (15) working days in which toobtain an order from a court of competentjurisdiction restraining or enjoining the dis-closure to the local agency, and if no suchorder is obtained, or obtained and later dis-solved; or

2. The local agency has ordinances orregulations respecting the treatment of confi-dential business information that is equivalentto this rule, the director provides notice to theowner or operator that the information isbeing disclosed to the local agency, and thedirector informs the local agency that theinformation is subject to a claim of confiden-tiality.

(E) Disclosure to Administrator. Infor-mation submitted under a claim of confiden-tiality, and the claim has not been finallydenied, may be disclosed to the administratorprovided the administrator agrees, pursuantto 40 CFR 2.215, that the information will bekept confidential.

(F) Subpoenas for Confidential Infor-mation. The director shall respond to sub-poenas and discovery requests for informa-tion submitted under a claim of confidential-ity, if the claim has not been finally denied,in a manner that is designed to preserve theclaim of confidentiality until a confidentialitydetermination is made by a court or other tri-bunal of competent jurisdiction.

AUTHORITY: section 643.050, RSMo Supp.1992.* Original rule filed Sept. 2, 1993,effective May 9, 1994.


1972, 1992.


Visible Air Contaminants

PURPOSE: This rule specifies the maximumallowable opacity of visible air contaminantemissions, unless specifically exempt or reg-ulated by 10 CSR 10-6.070 and requires theuse of continuous opacity monitor systems(COMS) on certain air contaminant sources.

(1) Applicability. This rule applies to allsources of visible emissions throughout thestate of Missouri with the exception of thefollowing:

(A) Internal combustion engines operatedoutside the Kansas City or St. Louis metro-politan areas and stationary internal combus-tion engines operated in the Kansas City orSt. Louis metropolitan areas;

(B) Wood burning stoves or fireplaces usedfor heating;

(C) Fires used for recreational or ceremo-nial purposes or fires used for the noncom-mercial preparation of food by barbecuing;

(D) Fires used solely for the purpose offire-fighter training;

(E) Smoke generating devices when arequired permit (under 10 CSR 10-6.060 or10 CSR 10-6.065) has been issued or a writ-ten determination that a permit is notrequired has been obtained;

(F) The pyrolysis of wood for the produc-tion of charcoal in batch-type charcoal kilns(Emissions from batch-type charcoal kilnsshall comply with the requirements of 10CSR 10-6.330 Restriction of Emissions FromBatch-Type Charcoal Kilns);

(G) Truck dumping of nonmetallic miner-als into any screening operation, feed hopperor crusher;

(H) Emission sources regulated by 40 CFRpart 60 and 10 CSR 10-6.070;

(I) Any open burning that is exempt fromapplicable open burning rules 10 CSR 10-2.100, 10 CSR 10-3.030, 10 CSR 10-4.090and 10 CSR 10-5.070; and

(J) Incinerators used to burn refuse in theoutstate area of Missouri.

(2) Definitions. (A) Capacity factor—Ratio (expressed as a

percentage) of a power generating unit’s actu-al annual electric output (expressed in Mwehr) divided by the unit’s nameplate capacitymultiplied by 8,760 hours.

(B) Continuous Opacity Monitoring Sys-tem (COMS)—All equipment required tocontinuously measure and record the opacityof emissions within a stack or duct. Contin-uous Opacity Monitoring Systems consist ofsample interface, analyzer and data recordercomponents and usually include, at a mini-mum: transmissometers, transmissometercontrol equipment, and data transmission,acquisition, and recording equipment.

(C) Opacity—The extent to which airbornematerial obstructs the transmission of inci-dent light and obscures the visual back-ground. Opacity is stated as a percentage oflight obstructed and can be measured by acontinuous opacity monitoring system or atrained observer. An opacity of one hundredpercent (100%) represents a condition in

which no light is transmitted, and the back-ground is completely obscured.

(D) Outstate area—Any area throughoutthe state except the City of St. Louis and St.Charles, St. Louis, Jefferson, Franklin, Clay,Cass, Buchanan, Ray, Jackson, Platte andGreene Counties.

(E) Six-minute period—A three hundredsixty (360) consecutive second time interval.Six-minute block averages per 40 CFR part60, Performance Specification 1 shall be uti-lized for COMS data.

(F) Smoke generating device—A special-ized piece of equipment which is not an inte-gral part of a commercial, industrial or man-ufacturing process and whose sole purpose isthe creation and dispersion of fine solid orliquid particles in a gaseous medium.

(G) Source—Any part or activity of aninstallation that emits or has the potential toemit any regulated air pollutant.

(H) Definitions of certain terms specifiedin this rule, other than those specified in thisrule section, may be found in 10 CSR 10-6.020.

(3) General Provisions.(A) Maximum Visible Emissions Limita-

tions. Unless specified otherwise in this rule,no owner or other person shall cause or per-mit to be discharged into the atmospherefrom any source, not exempted under thisrule, any visible emissions greater than thelimitations in the following table:

*Exception: Existing sources in the St.Louis metropolitan area that are not incinera-tors and emit less than twenty-five (25) lbs/hrof particulate matter shall be limited to fortypercent (40%) opacity

(B) Visible Emissions Limitations, Excep-tions Allowed In One Six-Minute Period.The visible emissions limitations in the fol-lowing table shall be allowed for a period notaggregating more than one six-minute periodin any sixty (60) minutes:

**This exception does not apply to existingand new incinerators in the Kansas City met-

ropolitan area and Springfield-Greene Coun-ty.

(C) Visible emissions over the limitationsshown in subsection (3)(B) of this rule are inviolation of this rule unless the director deter-mines that the excess emissions do not war-rant enforcement action based on data sub-mitted under 10 CSR 10-6.050 Start-Up,Shutdown and Malfunction Conditions.

(D) Failure to meet the requirements ofsubsection (3)(A) solely because of the pres-ence of uncombined water shall not be a vio-lation of this rule.

(E) The following emission sources shallhave COMS installed, calibrated, maintainedand operated in accordance with 40 CFR part60, Performance Specification 1:

1. Coal-fired steam generating unitswith maximum heat input rate greater thantwo hundred fifty (250) million British ther-mal units (Btus)/hour. Exemption: Coal-fired steam generating units that have anannual boiler capacity factor of thirty percent(30%) or less are exempt from this require-ment;

2. Portland cement calcining kiln opera-tions; and

3. Sources that require COMS under 10CSR 10-6.070 New Source Performance Reg-ulations.

(F) All sources that do not fall under therequirements of subsection (3)(E) of this ruleshall have the opacity of visible emissionsdetermined by one of the methods in section(5) of this rule.

(G) Compliance Determination. Compli-ance for any source to which this rule appliesshall be determined from opacity measure-ments taken in accordance with subsection(3)(E) or (3)(F) of this rule. If a COMS ismalfunctioning, a non-department qualifiedobserver measurement may be used as a tem-porary substitute. If opacity measurementstaken by a non-department qualified observerdiffer from visual measurements taken by aqualified department observer, the qualifieddepartment observer’s opacity measurementsshall be used to determine compliance.

(H) Continuous Opacity Monitoring Sys-tems (COMS) General Requirements.

1. Source operating time includes anytime fuel is being combusted and/or a fan isbeing operated.

2. Cycling time. Cycling times includethe total time a monitoring system requires tosample, analyze and record an emission mea-surement. Continuous monitoring systems formeasuring opacity shall complete a minimumof one (1) cycle of operation (sampling, ana-lyzing and data recording) for each succes-sive ten-second period.



Visible Emission LimitationsArea of State

Existing Sources New Sources

Kansas City Metropolitan Area 20% 20%

St. Louis Metropolitan Area 20%* 20%

Springfield-Greene County Area 40% 20%

Outstate Area 40% 20%

Visible Emission Limitations,

ExceptionsArea of State

Existing Sources New Sources

Kansas City Metropolitan Area 60%** 60%**

St. Louis Metropolitan Area 40% 40%

Springfield-Greene County Area 60%** 60%**

Outstate Area 60% 60%

3. Certification. All COMS shall becertified by the director after review andacceptance of a demonstration of confor-mance with 40 CFR Part 60, Appendix B,Performance Specification 1.

4. Audit authority. All COMS shall besubject to audits conducted by the depart-ment, and all COMS records shall be madeavailable upon request to department person-nel.

5. Alternative monitoring methods. Allalternative monitoring systems requirements,system locations and procedures for operationand maintenance which do not meet therequirements of this rule must be approved bythe staff director. Submittals for approvaldetermination must—

A. Demonstrate that a requirement ofsubsection (3)(H), (4)(A) and/or (4)(B) ofthis rule cannot be practically met; and

B. Demonstrate that the alternativeproduces results that adequately verify com-pliance.

(I) Time Schedule for Compliance. 1. All new sources shall comply when

operations begin; and2. All existing sources shall comply as

of the effective date of this rule.

(4) Reporting and Record Keeping.(A) COMS Reporting. Owners or opera-

tors of sources required to install COMS shallsubmit a quarterly written report to the direc-tor. All quarterly reports shall be post-marked no later than the thirtieth day follow-ing the end of each calendar quarter and shallinclude the following emissions data:

1. A summary including total time foreach cause of excess emissions and/or moni-tor downtime;

2. Nature and cause of excess emissions,if known;

3. The six-minute average opacity valuesgreater than the opacity emission require-ments (The average of the values shall beobtained by using the procedures specified inthe Reference Method used to determine theopacity of the visible emissions);

4. The date and time identifying eachperiod during which the COMS was inopera-tive (except for zero and span checks),including the nature and frequency of systemrepairs or adjustments that were made duringthese times; and

5. If no excess emissions have occurredduring the reporting period and the COMShas not been inoperative, repaired or adjust-ed, this information shall be stated in thereport.

(B) COMS Records to be Maintained.Owners or operators of affected sources shallmaintain a file (hard copy or electronic ver-

sion) of the following information for a mini-mum of two (2) years from the date the datawas collected:

1. All information reported in the quar-terly summaries; and

2. All six-minute opacity averages anddaily Quality Assurance (QA)/Quality Con-trol (QC) records.

(5) Test Methods.(A) Emissions from Stationary Sources—

Use one of the following four (4) methods:1. Qualified observer in accordance

with 10 CSR 10-6.030(9), Reference Method9—Visual Determination of the Opacity ofEmissions from Stationary Sources;

2. Qualified observer in accordancewith proposed Test Method 203A—VisualDetermination of Opacity of Emissions fromStationary Sources for Time-Averaged Regu-lations (as proposed in the November 22,1993 Federal Register, Volume 58, pp.61640–61649);

3. Qualified observer in accordancewith proposed Test Method 203B—VisualDetermination of Opacity of Emissions fromStationary Sources for Time-Exception Regu-lations (as proposed in the November 22,1993 Federal Register, Volume 58, pp.61640–61649); or

4. Continuous Opacity Monitoring Sys-tem that complies with and is installed, cali-brated, maintained and operated in accor-dance with proposed Test Method203—Visual Determination of the Opacity ofEmissions from Stationary Sources by Con-tinuous Opacity Monitoring Systems (as pro-posed in the October 7, 1992 Federal Regis-ter, Volume 57, pp. 46114–46119).

(B) Emissions from Mobile Internal Com-bustion Engines—Use a qualified observer inaccordance with 40 CFR part 60, AppendixA—Reference Methods, Method 22—VisualDetermination of Fugitive Emissions fromMaterial Sources and Smoke Emissions fromFlares.

(C) Fugitive Emissions from MaterialSources, Smoke Emissions from Flares andAs Required by Permit Condition—Use aqualified observer in accordance with 40CFR part 60, Appendix A—Reference Meth-ods, Method 22—Visual Determination ofFugitive Emissions from Material Sourcesand Smoke Emissions from Flares.

AUTHORITY: section 643.050, RSMo 2000.*Original rule filed March 31, 1999, effectiveNov. 30, 1999. Amended: Filed Feb. 28,2002, effective Nov. 30, 2002.


10 CSR 10-6.230 Administrative Penalties

PURPOSE: This rule establishes the proce-dures for assessment of administrative penal-ties.

(1) Applicability. This rule applies to instal-lations and individuals throughout Missourithat are subject to sections 643.010–643.250,RSMo or any rule of the Missouri Air Con-servation Commission or any site that is per-mitted by the Missouri Air Pollution ControlProgram.

(2) Definitions. (A) Definitions for key words used in this

rule may be found in 10 CSR 10-6.020(2). (B) Additional definitions specific to this

rule are as follows: 1. Conference, conciliation and persua-

sion—A process of verbal or written commu-nications, including but not limited to meet-ings, reports, correspondence or telephoneconferences between authorized representa-tives of the department and the alleged viola-tor. The process shall, at minimum, consistof one offer to meet with the alleged violatortendered by the department. During any suchmeeting, the department and the alleged vio-lator shall negotiate in good faith to eliminatethe alleged violation and shall attempt toagree upon a plan to achieve compliance;

2. Economic benefit—Any monetarygain which accrues to a violator as a result ofnoncompliance;

3. Gravity-based assessment—Thedegree of seriousness of a violation takinginto consideration the risk to human healthand the environment posed by the violationand considering the extent of deviation fromsections 643.010–643.250, RSMo;

4. Minor violation—A violation whichpossesses a small potential to harm the envi-ronment or human health or cause pollution,was not knowingly committed, and is notdefined by the United States EnvironmentalProtection Agency as other than minor;

5. Multi-day violation—A violationwhich has occurred on or continued for two(2) or more consecutive or nonconsecutivedays; and

6. Multiple violation penalty—The sumof individual administrative penalties asses-sed when two (2) or more violations areincluded in the same complaint or enforce-ment action.

(3) General Provisions. (A) Pursuant to section 643.085, RSMo,

and in addition to any other remedy providedby law, upon determination by the departmentthat a provision of sections 643.010–





643.250, RSMo, or a standard, limitation,order or rule promulgated, or a term or con-dition of any permit has been violated, thedirector may issue an order assessing anadministrative penalty upon the violator. Theamount of the administrative penalty will bedetermined according to section (6) of thisrule. In no event may the total penaltyassessed per day of violation exceed the statu-tory maximum specified in section 643.151,RSMo.

(B) An administrative penalty shall not beimposed until the department has sought toresolve the violations through conference,conciliation and persuasion and shall not beimposed for minor violations. If the viola-tion is resolved through conference, concilia-tion and persuasion, no administrative penal-ty shall be assessed unless the violation hascaused, or had the potential to cause, a riskto human health or to the environment, orhas caused or has potential to cause pollu-tion, or was knowingly committed, or is nota minor violation.

(C) An order assessing an administrativepenalty shall be served upon the operator,owner or appropriate representative throughUnited States Postal Service certified mail,return receipt requested, a private courier ormessenger service which provides verifica-tion of delivery or by hand delivery to theoperator’s or owner’s residence or place ofbusiness. An order assessing an administra-tive penalty shall be considered served if ver-ified receipt is made by the operator, owneror appropriate representative. A refusal toaccept, or a rejection of certified mail, pri-vate courier or messenger service delivery orby hand delivery of an order assessing anadministrative penalty constitutes service ofthe order.

(D) The director may at any time withdrawwithout prejudice any administrative penaltyorder.

(E) An order assessing an administrativepenalty shall describe the nature of the viola-tion(s), the amount of the administrativepenalty being assessed and the basis of thepenalty calculation.

(4) Reporting and Record Keeping. (NotApplicable)


(6) Determination of Penalties. The amountof an administrative penalty will involve theapplication of a gravity-based assessmentunder subsection (6)(A) and may involveadditional factors for multiple violations,(6)(B), multi-day violations, (6)(C) and eco-nomic benefit resulting from noncompliance,(6)(D). The resulting administrative penalty

may be further adjusted as specified under(6)(E).

(A) Gravity-Based Assessment. The grav-ity-based assessment is determined by evalu-ating the potential for harm posed by the vio-lation and the extent to which the violationdeviates from the requirements of the Mis-souri Air Conservation Law.

1. Potential for harm. The potential forharm posed by a violation is based on the riskto human health, safety or the environmentor to the purposes of implementing the Mis-souri Air Conservation Law and associatedrules or permits.

A. The risk of exposure is dependenton both the likelihood that humans or theenvironment may be exposed to contaminantsand the degree of potential exposure. Penal-ties will reflect the probability the violationeither did result in or could have resulted ina release of contaminants in the environment,and the harm which either did occur or wouldhave occurred if the release had in factoccurred.

B. Violations which may or may notpose a potential threat to human health or theenvironment, but which have an adverseeffect upon the purposes of or procedures forimplementing the Missouri Air ConservationLaw and associated rules or permits may beassessed a penalty.

C. The potential for harm shall beevaluated according to the following degreesof severity:

(I) Major. The violation poses ormay pose a substantial risk to human healthand safety or to the environment, or has ormay have a substantial adverse effect on thepurposes of or procedures for implementingthe Missouri Air Conservation Law and asso-ciated rules and/or permits;

(II) Moderate. The violation posesor may pose a significant risk to humanhealth and safety or to the environment, orhas or may have a significant adverse effecton the purposes of or procedures for imple-menting the Missouri Air Conservation Lawand associated rules and/or permits; and

(III) Minor. The violation does notpose significant or substantial risk to humanhealth and safety or to the environment, wasnot knowingly committed, and is not definedby the United States Environmental Protec-tion Agency as other than minor.

2. Extent of deviation. The extent ofdeviation may range from slight to total dis-regard of the requirements of the MissouriAir Conservation Law and associated rulesand/or permits. The assessment will reflectthis range and will be evaluated according tothe following degrees of severity:

A. Major. The violator has deviatedsubstantially from the requirements of theMissouri Air Conservation Law, associated

rules, or permits resulting in substantial non-compliance;

B. Moderate. The violator has devi-ated significantly from the requirements ofthe Missouri Air Conservation Law, associat-ed rules, or permits resulting in significantnoncompliance; and

C. Minor. The violator has deviatedslightly from the requirements of the Mis-souri Air Conservation Law, associated rules,or permits that does not result in substantialor significant noncompliance; most provi-sions were implemented as intended; the vio-lation was not knowingly committed; and isnot defined by the United States Environ-mental Protection Agency as other thanminor.

3. Gravity-based penalty assessmentmatrix. The matrix that follows will be usedto determine the gravity-based assessmentportion of the administrative penalty. Poten-tial for harm and extent of deviation form theaxes of the matrix. The penalty range select-ed may be adapted to the circumstances of aparticular violation.

Gravity-Based Penalty Assessment Matrix

(B) Multiple Violation Penalty. Penaltiesfor multiple violations may be determinedwhen a violation is independent of or sub-stantially different from any other violation.The director may order a separate adminis-trative penalty for that violation as set forth inthis rule.

(C) Multi-Day Penalty. Penalties formulti-day violations may be determined whenthe director has concluded that a violation(s)has continued or occurred for more than one(1) day. Multi-day penalty assessments willbe determined by using the Gravity-BasedAssessment Matrix in paragraph (6)(A)3.The director may seek penalties for each dayof noncompliance not to exceed the amountof the civil penalty specified in section643.151, RSMo.

(D) Economic Benefit. Any economic ben-efits, including delayed and avoided costs thathave accrued to the violator as a result ofnoncompliance, will be added to the penalty

Extent of DeviationPotential for Harm

Major Moderate Minor

Major $10,000 to $8,750 $8,750 to $7,500 $7,500 to $6,250

Moderate $6,250 to $5,000 $5,000 to $3,750 $3,750 to $2,500

Minor $2,500 to $1,250 $1,250 to $500 $0



amount. The department using an economicbenefit formula that provides a reasonableestimate of the economic benefit of noncom-pliance will make determination. Economicbenefit may be excluded from the administra-tive penalty if—

1. The economic benefit is an insignifi-cant amount;

2. There are compelling public concernsthat would not be served by taking a case totrial; or

3. It is unlikely that the departmentwould be able to recover the economic bene-fit in litigation based on the particular case.

(E) Adjustments. The department may addto or subtract from the total amount of thepenalty after consideration of the followingadjustments:

1. Recalculation of penalty amount.After the issuance of an order by the director,if new information about a violation becomesavailable which indicates that the originalpenalty calculation may have been incorrect,the department may recalculate the penalty;

2. Good faith efforts to comply. Thedepartment may adjust a penalty amountdownward if good faith efforts have been ade-quately documented by the violator. Goodfaith efforts include, but are not limited to,documentation that the violator has reportednoncompliance or instituted measures to rem-edy the violation prior to detection by thedepartment. However, good faith efforts toachieve compliance after agency detection areassumed and are not grounds for decreasingthe penalty amount;

3. Culpability. In cases of heightenedculpability which do not meet the standard ofcriminal activity, the penalty may beincreased at the department’s discretion,within the ranges of the matrix. Likewise, incases where there is a demonstrable absenceof culpability, the department may decreasethe penalty. Lack of knowledge of the Mis-souri Air Conservation Law and any associ-ated rule and/or permit shall not be a basis ofdecreased culpability. The following criteriawill be used to determine culpability:

A. How much control the violator hadover the events constituting the violation;

B. The foreseeability of the eventsconstituting the violation;

C. Whether the violator took reason-able precautions against the events constitut-ing the violation;

D. Whether the violator knew orshould have known of the hazards associatedwith the conduct; and

E. Whether the violator knew orshould have known of the legal requirementwhich was violated. This criteria shall be

used only to increase a penalty, not todecrease it;

4. History of noncompliance. Wherethere has been a history of noncompliancewith the Missouri Air Conservation Law orany associated rule or permit, to a degreedeemed significant due to frequency, similar-ity or seriousness of past violations, and con-sidering the violator’s response to previousenforcement actions, the department mayincrease the administrative penalty. Nodownward adjustment is allowed because ofthis factor;

5. Ability to pay. When a violator hasadequately documented that payment of all ora portion of the penalty will preclude the vio-lator from achieving compliance or from car-rying out important remedial measures, thedepartment may—

A. Waive any of the administrativepenalty; or

B. Negotiate a delayed paymentschedule, installment plan or penalty reduc-tions with stipulated penalties; and

6. Other adjustment factors. This ruleallows for other penalty adjustments based onfairness and equity not mentioned in this rulewhich may arise on a case-by-case basis.

(7) Proceeds from Administrative Penalties.The proceeds from any administrative penal-ty assessed in accordance with this rule shallbe paid to the county treasurer of the countyin which the violation(s) occurred for the useand benefit of the county schools within thatcounty.

(8) Natural Resource Damages. Nothing inthis rule shall be construed as satisfying anyclaim by the state for natural resource dam-ages.

AUTHORITY: sections 643.050 RSMo Supp.1998 and 643.085, RSMo 1994.* Originalrule Sept. 11, 1992, effective July 8, 1993.Rescinded and readopted: Filed April 15,1999, effective Nov. 30, 1999.

*Original authority: 643.050, RSMo 1965, amended1972, 1992, 1993, 1995 and 643.085, RSMo 1991,amended 1992, 1993.

10 CSR 10-6.240 Asbestos Abatement Pro-

jects—Registration, Notification and Per-

formance Requirements

(Rescinded September 30, 2004)

AUTHORITY: section 643.050, RSMo Supp.1992. Original rule filed Dec. 14, 1992,effective Sept. 9, 1993. Rescinded: Filed Jan.12, 2004, effective Sept. 30, 2004.

Corvera Abatement Technologies, Inc. v. Air

Conservation Commission and Missouri

Department of Natural Resources, Case No.CV 197-985 CC. An action for declaratoryjudgment and injunctive relief to challengethe final rulemaking decision of the commis-sion was taken to the Cole County CircuitCourt. After a hearing conducted January30, 1998, the circuit court issued an order onFebruary 3, 1998, finding that 10 CSR 10-6.240 is void from its inception. The MissouriDepartment of Natural Resources was perma-nently enjoined from enforcing 10 CSR 10-6.240. A notice of appeal for this case wasfiled February 10, 1998.

10 CSR 10-6.241 Asbestos Projects—Regis-

tration, Notification and Performance

Requirements

PURPOSE: This rule requires asbestos con-tractors to register with the department, tonotify the department of each asbestos pro-ject, to allow the department to inspectasbestos projects and to pay inspection fees.Each person who intends to perform asbestosprojects in Missouri must register annuallywith the Missouri Department of NaturalResources, Air Pollution Control Program.Each asbestos contractor must submit a noti-fication to the appropriate agency of thedepartment for each asbestos project. Eachnotification for projects exceeding a certainsize must be accompanied by a fee. Asbestoscontractor must allow representatives of thedepartment to conduct inspections of projectsand must pay inspection fees. The evidencesupporting the need for this proposed rule-making, per section 536.016, RSMo, is thedecision of the Cole County Court case num-ber CV 197-985 CC that found rule 10 CSR10-6.240 void from inception and state statute643.242, RSMo that authorizes the commis-sion to assess a fee of $100 for each on-siteinspection of asbestos projects.

(1) Applicability. (A) This rule shall apply to—

1. All persons that authorize, design,conduct and work in asbestos projects; and

2. All persons that monitor air-borneasbestos and dispose of asbestos waste as aresult of asbestos projects.

(B) Exemptions. The department mayexempt a person from registration, certifica-tion and certain notification requirementsprovided the person conducts asbestos pro-jects solely at the person’s own place of busi-ness as part of normal operations in the facil-ity and also is subject to the requirements andapplicable standards of the United States



Environmental Protection Agency (EPA) andUnited States Occupational Safety and HealthAdministration (OSHA) 29 CFR 1926.1101.This exemption shall not apply to asbestoscontractors, to those subject to the require-ments of the Asbestos Hazard EmergencyResponse Act (AHERA) and to those personswho provide a service to the public in theirplace(s) of business as the economic founda-tion of the facility. These shall include, butnot be limited to, child daycare centers,restaurants, nursing homes, retail outlets,medical care facilities, hotels and theaters.Business entities that have received stateapproved exemption status shall comply withall federal air sampling requirements for theirplanned renovation operations.


(3) General Provisions. (A) Registration.

1. Any person that conducts an asbestosproject shall register with the department.Business entities that qualify for exemptionstatus from the state must reapply for exemp-tion from registration.

2. The person shall apply for registra-tion renewal on an annual basis, and two (2)months before the expiration date shall sendthe application to the department for process-ing.

3. Annually, the person submitting aregistration application to the departmentshall remit a nonrefundable fee of one thou-sand dollars ($1,000) to the department.

4. To determine eligibility for registra-tion and registration renewal, the departmentmay consider the compliance history of theapplicant as well as that of all managementemployees and officers. The department mayalso consider the compliance record of anyother entity of which those individuals wereofficers and management employees.

(B) Abatement Procedures and Practices.1. Asbestos project contractors shall use

only individuals that have been certified bythe department in accordance with 10 CSR10-6.250 and Chapter 643, RSMo onasbestos projects.

2. At each asbestos project site the per-son shall provide the following informationfor inspection by the department:

A. Proof of current departmental reg-istration;

B. Proof of current departmentaloccupational certification for those individu-als on the project;

C. Most recent available air samplingresults;

D. Current photo identification for allapplicable individuals engaged in the project;and

E. Proof of passage of the trainingcourse for the air sampling technicians andphoto identifications for air sampling techni-cians.

(C) Revocation of Registration. The direc-tor may deny, suspend or revoke any person’sregistration obtained under section (3) of thisrule if the director finds the person in viola-tion of sections 643.225–643.250, RSMo orMissouri rules 10 CSR 10-6.241 or 10 CSR10-6.250 or any applicable federal, state orlocal standard for asbestos projects.

(D) Any person that authorizes an asbestosproject, asbestos inspection or any AHERA-related work shall ensure that Missouri regis-tered contractors and certified workers areemployed, and that all post-notification pro-cedures on the project are in compliance withthis rule and 10 CSR 10-6.250 and Chapter643, RSMo. Business entities that haveexemption status from the state are exemptfrom using registered contractors and frompost-notification requirements, when per-forming in-house asbestos projects.

(E) Asbestos Project Notification. Anyperson undertaking an asbestos project shallsubmit a notification to the department forreview at least ten (10)-working days prior tothe start of the project. Business entities withstate-approved exemption status are exemptfrom notification except for those projects forwhich notification is required by the EPA’sNational Emission Standards for HazardousAir Pollutants (NESHAPS). The departmentmay waive the ten (10)-working day reviewperiod upon request for good cause. To applyfor this waiver, the person shall complete PartB, number 2 of the notification form provid-ed by the department. After the effectivedate of this rule, any revision to the depart-ment-supplied forms will be presented to theregulated community for a forty-five (45)-daycomment period. The person who appliesfor the ten (10)-working day waiver mustobtain approval from the department beforethe project can begin.

1. The person shall submit the notifica-tion form provided by the department.

2. If an amendment to the notification isnecessary, the person shall notify the depart-ment immediately by telephone or FAX. Thedepartment must receive the written amend-ment within five (5) working days followingverbal agreement.

3. Asbestos project notifications shallstate actual dates and times of the project, theon-site supervisor and a description of workpractices. If the person must revise the datesand times of the project, the person shall

notify the department and the regional officeor the appropriate local delegated enforce-ment agency at least twenty-four (24) hoursin advance of the change by telephone orFAX and then immediately follow-up with awritten amendment stating the change. Thedepartment must receive the written amend-ment within five (5) working days of thephone or FAX message.

4. A nonrefundable notification fee ofone hundred dollars ($100) will be chargedfor each project constituting one hundredsixty (160) square feet, two hundred sixty(260) linear feet, or thirty-five (35) cubic feetor greater. If an asbestos project is in an arearegulated by an authorized local air pollutioncontrol agency, and the person is required topay notification fees to that agency, the per-son is exempt from paying the state fees. Per-sons conducting planned renovation projectsdetermined by the department to fall underEPA’s 40 CFR part 61 subpart M must paythis fee and the inspection fees required insubsection (3)(F) of this rule.

5. Emergency project. Any personundertaking an emergency asbestos projectshall notify the department by telephone andmust receive departmental approval of emer-gency status. The person must notify thedepartment within twenty-four (24) hours ofthe onset of the emergency. Business entitieswith state-approved exemption status areexempt from emergency notification for state-approved projects that are part of aNESHAPS planned renovation annual notifi-cation. If the emergency occurs after normalworking hours or weekends, the person shallcontact the Environmental Services Program.The notice shall provide—

A. A description of the nature andscope of the emergency;

B. A description of the measuresimmediately used to mitigate the emergency;and

C. A schedule for removal. Followingthe emergency notice, the person shall pro-vide to the director a notification on the formprovided by the department and the personshall submit it to the director within seven (7)days of the onset of the emergency. Theamendment requirements for notificationfound in subsection (3)(E) of this rule areapplicable to emergency projects.

(F) Inspections. There shall be a charge ofone hundred dollars ($100) per inspection forthe first three (3) inspections of any asbestosproject. The department or the local delegat-ed enforcement agency shall bill the personfor that inspection(s) and the person shallsubmit the fee(s) according to the require-ments of the department or of the local dele-gated enforcement agency.



(G) All information required under thisrule must be submitted on the appropriateforms and contain accurate, legible informa-tion. Failure to provide the required informa-tion, failure to submit legible information,submission of false information or failure toprovide complete information as required,shall be a violation of this rule and may resultin the director’s denial or revocation of thenotification.

(H) Failure to comply with this rule is aviolation of this rule and Chapter 643,RSMo. Compliance with this rule does notrelieve the participants from compliance withany other applicable federal and state rules,laws, standards or building codes.

(4) Reporting and Record Keeping.(A) Post-Notification.

1. Any person undertaking an asbestosproject that requires notification according tosubsection (3)(E) of this rule, on the depart-ment-provided form shall notify the depart-ment within sixty (60) days of the completionof the project. This notice shall include asigned and dated receipt for the asbestoswaste generated by the project issued by thelandfill named on the notification. Thisnotice also shall include any final clearanceair monitoring results. The technician per-forming the analysis shall sign and date allreports of analyses.

2. Business entities are exempt frompost-notification requirements, but shall keeprecords of waste disposal for departmentinspection.

(B) Additional Record Keeping. The con-tractor and the owner shall keep the air mon-itoring results for three (3) years. The personshall make the results available to representa-tives of the department upon request. AllAHERA projects shall comply with EPA airmonitoring requirements in 40 CFR part 763.


AUTHORITY: section 643.225, RSMo 2000.*Original rule filed Jan. 12, 2004, effectiveSept. 30, 2004.

*Original authority: 643.225, RSMo 1989.

10 CSR 10-6.250 Asbestos Projects—Certi-

fication, Accreditation and Business

Exemption Requirements

PURPOSE: This rule requires individualswho work in asbestos project to be certifiedby the Missouri Department of NaturalResources Air Pollution Control Program.This rule requires training providers whooffer training for asbestos occupations to be

accredited by the Missouri Department ofNatural Resources Air Pollution Control Pro-gram. This rule requires persons who holdexemption status from certain requirements ofthis rule to allow the department to monitortraining provided to employees. Each individ-ual who works in asbestos projects must firstobtain certification for the appropriate occu-pation from the department. Each person whooffers training for asbestos occupations mustfirst obtain accreditation from the depart-ment. Certain business entities who meet therequirements for state-approved exemptionstatus must allow the department to monitortraining classes provided to employees whoperform asbestos projects.


(1) Applicability. This rule shall apply to—(A) All persons who authorize, design,

conduct and work in asbestos projects; (B) Those who monitor airborne asbestos

as a result of asbestos projects; (C) Individuals who conduct asbestos

inspections and develop Asbestos HazardEmergency Response Act (AHERA) manage-ment plans and project designs; and

(D) Those who provide training for indi-viduals involved in subsections (1)(A)–(C) ofthis rule.


(3) General Provisions.(A) Certification.

1. An individual must receive certifica-tion from the department before that individ-ual participates in an asbestos project,inspection, AHERA management plan,abatement project design, or asbestos airsampling in the state of Missouri. This certi-fication must be renewed annually with theexception of air sampling professionals. Tobecome certified an individual must meet thequalifications in the specialty area as definedin the EPA’s AHERA Model Accreditation

Plan, 40 CFR part 763, Appendix C, subpartE. The individual must successfully completea fully-approved EPA or Missouri-accreditedAHERA training course and pass the trainingcourse exam and pass the Missouri asbestosexamination with a minimum score of seven-ty percent (70%) and submit a completeddepartment-supplied application form to thedepartment along with the appropriate certifi-cation fees. After the effective date of thisrule, any revision to the department-suppliedforms will be presented to the regulated com-munity for a forty-five (45)-day commentperiod. The department shall issue a certifi-cate to each individual that meets the require-ments for the job category.

2. In order to receive Missouri certifi-cation, individuals must be trained by Mis-souri accredited providers.

3. Qualifications. An individual shallpresent proof of these to the department withthe application for certification. The follow-ing are the minimum qualifications for eachjob category:

A. An asbestos air sampling profes-sional conducts, oversees or is responsible forair monitoring of asbestos projects. Air sam-pling professionals must satisfy one (1) of thefollowing qualifications for certification:

(I) Bachelor of science degree inindustrial hygiene plus one (1) year of fieldexperience. The individual must provide acopy of his/her diploma, a certified copy ofhis/her transcript, and documentation of one(1) year of experience;

(II) Master of science degree inindustrial hygiene. The individual must pro-vide a copy of his/her diploma and a certifiedcopy of his/her transcript;

(III) Certification as an industrialhygienist as designated by the AmericanBoard of Industrial Hygiene. The individualmust provide a copy of his/her certificate anda certified copy of his/her transcript, ifapplicable;

(IV) Three (3) years of practicalindustrial hygiene field experience includingsignificant asbestos air monitoring and com-pletion of a forty (40)-hour asbestos courseincluding air monitoring instruction. At leastfifty percent (50%) of the three (3)-year peri-od must have been on projects where adegreed or certified industrial hygienist or aMissouri certified asbestos air sampling pro-fessional was involved. The individual mustprovide to the department written referenceby the industrial hygienist or the asbestos airsampling professional stating the individual’sperformance of monitoring was acceptableand that the individual is capable of fulfillingthe responsibilities associated with certifica-tion as an asbestos air sampling professional.



The individual must also provide documenta-tion of his/her experience and a copy ofhis/her asbestos course certificate; or

(V) Other qualifications includingbut not limited to an American Board ofIndustrial Hygiene accepted degree or ahealth/safety related degree combined withrelated experience. The individual must pro-vide a copy of his/her diploma and/or certifi-cation, a certified copy of his/her transcript,and letters necessary to verify experience.

B. An asbestos air sampling techni-cian is an individual who has been trained byan air sampling professional to do air moni-toring and who conducts air monitoring ofasbestos projects. Air sampling techniciansneed not be certified but are required to passa training course and have proof of passage ofthe course at the site along with photo identi-fication. This course shall include:

(I) Air monitoring equipment andsupplies;

(II) Experience with pump calibra-tion and location;

(III) Record keeping of air monitor-ing data for asbestos projects;

(IV) Applicable asbestos regula-tions;

(V) Visual inspection for finalclearance sampling; and

(VI) A minimum of sixteen (16)hours of air monitoring field equipment train-ing by a certified air sampling professional;

C. An asbestos inspector is an indi-vidual who collects and assimilates informa-tion used to determine the presence and con-dition of asbestos-containing material in abuilding or other air contaminant source. Anasbestos inspector must hold a diploma froma fully-approved EPA or Missouri-accreditedAHERA inspector course and a high schooldiploma or its equivalent;

D. An AHERA asbestos managementplanner is an individual who, under AHERA,reviews the results of inspections, reinspec-tions or assessments and writes recommenda-tions for appropriate response actions. AnAHERA asbestos management planner musthold diplomas from a fully-approved EPA orMissouri-accredited AHERA inspectorcourse and a fully approved EPA or Missouri-accredited management planner course. Theindividual must also hold a high school diplo-ma or its equivalent;

E. An abatement project designer isan individual who designs or plans asbestosabatement. An abatement project designermust hold a diploma from a fully-approvedEPA or Missouri-accredited project designercourse, must have an engineering or industri-al hygiene degree, and must have workingknowledge of heating, ventilation and air con-

ditioning systems or an abatement projectdesigner must hold a high school diploma orits equivalent, must have a diploma from afully-approved EPA or Missouri-accreditedproject designer course, and must have atleast four (4) years experience in buildingdesign, heating, ventilation and air condition-ing systems. The department may requireindividuals with professional degrees forcomplex asbestos projects;

F. An asbestos supervisor is an indi-vidual who directs, controls or supervisesothers in asbestos projects. An asbestossupervisor shall hold a diploma from a fully-approved EPA or Missouri-accreditedAHERA contractor/supervisor course andhave one (1) year full-time prior experiencein asbestos abatement work or in general con-struction work; and

G. An asbestos worker is an individ-ual who engages in asbestos projects. Anasbestos worker shall hold a diploma from afully-approved EPA or Missouri-accreditedAHERA worker training course.

(B) Recertification.1. All inspectors, management planners,

abatement project designers, supervisors andworkers shall pass a Missouri-accreditedannual AHERA refresher course and exami-nation in their specialty area. The refreshercourse must be specific to the individual’sinitial certification and must meet therequirements of the EPA AHERA ModelAccreditation Plan 40 CFR part 763.

2. In the case of significant changes inMissouri statutes or rules the department willrequire individuals to retake a revised versionof the Missouri asbestos examination prior tobeing recertified.

(C) Certification/Recertification Fees. Thedepartment shall assess—

1. A seventy-five dollar ($75) applica-tion fee for each individual applying for cer-tification except for asbestos workers;

2. A twenty-five dollar ($25) applicationfee for each asbestos worker;

3. No application fees for asbestos airsampling technicians;

4. A twenty-five dollar ($25) fee foreach Missouri asbestos examination; and

5. A five dollar ($5) renewal fee foreach renewal certificate.

(D) Accreditation of Training Programs.To be a training provider for the purposes ofthis rule, a person shall apply for accredita-tion to the department and comply with EPA’sAHERA Model Accreditation Plan 40 CFRpart 763, Appendix C, subpart E. Businessentities that are determined by the departmentto fall under subsection (3)(E) of this rule areexempt from this section.

1. Training providers shall apply forapproval of a training course(s) as provided insection 643.228, RSMo, on the department-supplied Asbestos Training Course Accredita-tion form. After the effective date of this rulerevision to the department-supplied formswill be presented to the regulated communityfor a forty-five (45)-day comment period.

A. In addition to the written applica-tion, the training provider shall present eachinitial course for the department to audit. Thedepartment may deny accreditation of acourse if the applicant fails to provide infor-mation required within sixty (60) days ofreceipt of written notice that the application isdeficient. All training providers must applyfor reaccreditation biennially.

B. Training providers must submitdocumentation that their courses meet the cri-teria set forth in this rule. Out-of-stateproviders must submit documentation ofbiennial audit by an accrediting agency with awritten verification that Missouri rules areaddressed in the audited course.

C. Providers must pay an accredita-tion fee of one thousand dollars ($1,000) percourse category prior to issuance or renewalof an accreditation. No person shall pay morethan three thousand dollars ($3,000) for allcourse categories for which accreditation isrequested at the same time.

2. At least two (2) weeks prior to thecourse starting date, training providers shallnotify the department of their intent to offerinitial training and refresher courses. Thenotification shall include the course title,starting date, the location at which the coursewill take place and a list of the course instruc-tors.

3. All training courses shall have a ratioof students to instructors in hands-on demon-strations that shall not exceed ten-to-one(10:1).

4. Instructor qualifications. A. An individual must be Missouri-

certified in a speciality area before they willbe allowed to teach in that specialty area,except that instructors certified as supervisorsmay also instruct a worker course.

B. An individual with experience andeducation in industrial hygiene shall teach thesections of the training courses concerningthe performance and evaluation of air moni-toring programs and the design and imple-mentation of respiratory protection programs.The department does not require that theinstructor hold a degree in industrial hygiene,but the individual must provide documenta-tion and written explanation of experienceand training.

C. An individual who is a Missouri-certified supervisor, and who has sufficient



training and work experience to effectivelypresent the assigned subject matter, shallteach the hands-on training sections of allcourses.

D. An individual who teaches theportions of the project designer’s courseinvolving heating, ventilation and air condi-tioning (HVAC) systems, must be a licensedarchitect, a licensed engineer or must providedocumentation of training and at least five (5)years’ experience in the field.

5. The course provider must administerand monitor all course examinations. Thecourse provider assumes responsibility forthe security of exam contents and shall ensurethat the participant passes the exam onhis/her own merit. Minimum security mea-sures for the written exams include amplespace between participants, absence of writ-ten materials other than the examination andsupervision of the exam by course provider.

6. When the provider offers training onshort notice, the training provider shall noti-fy the department as soon as possible but nolater than two (2) days prior to commence-ment of that training.

7. When the provider cancels thecourse, the training provider should notifythe department at the same time s/he notifiescourse participants, and shall follow-up withwritten notification.

8. When rules, policies or procedureschange, the training provider must update theinitial and refresher courses. The trainingprovider must notify the department as soonas s/he makes the changes.

9. The department may withdrawaccreditation from providers who fail to accu-rately portray their Missouri accreditation inadvertisements, who fail to ensure security ofexaminations, who fail to ensure that eachstudent passes the exam on his/her ownmerit, or who issue improper certificates.

10. Training course providers must noti-fy the department of any changes in trainingcourse content or instructors. Training courseproviders must submit resumés of all newinstructors to the department as soon as sub-stitutions or additions are made.

11. The department may revoke or sus-pend accreditation of any course subject tothis rule if alterations in the course cause it tofail the department’s accreditation criteria.

12. Training providers shall have thirty(30) days to correct identified deficiencies intraining course(s) before the departmentrevokes accreditation.

(E) Business Exemptions. The departmentmay exempt a person from registration, certi-fication and certain notification requirementsprovided the person conducts asbestos pro-jects solely at the person’s own place(s) of

business as part of normal operations in thefacility and the person is also subject to therequirements and applicable standards of theEPA and United States Occupational Safetyand Health Administration (OSHA) 29 CFR1926.1101. The person shall submit an appli-cation for exemption to the department on thedepartment-supplied form. After the effec-tive date of this rule, any revision to thedepartment-supplied forms will be presentedto the regulated community for a forty-five(45)-day comment period. This exemptionshall not apply to asbestos contractors, tothose subject to the requirements of AHERAand to those persons who provide a service tothe public in their place(s) of business as theeconomic foundation of the facility. Theseshall include, but not be limited to, child day-care centers, restaurants, nursing homes,retail outlets, medical care facilities, hotelsand theaters. The department shall review theexemption application within one hundredeighty (180) days. State-exempted businessentities shall comply with all federal air sam-pling requirements for planned renovationoperations.

1. Training course requirements. A. The person shall fill out the

department-supplied form describing trainingprovided to employees and an explanation ofhow the training meets the applicable OSHAand EPA standards. After the effective dateof this rule, any revision to the department-supplied forms will be presented to the regu-lated community for a forty-five (45)-daycomment period.

B. The person shall notify the depart-ment two (2) weeks before the person con-ducts training programs. This notificationshall include the course title, start-up date,location and course instructor(s).

C. If the person cancels the course,the person shall notify the department at thesame time the person notifies course partici-pants. The person shall follow up with writ-ten notification to the department.

D. When regulations, policies or pro-cedures change, the person must update theinitial and refresher courses. The personmust notify the department as soon as theperson makes the changes.

E. When the person conducts hands-on training, the ratio of students to instructorsshall not exceed ten-to-one (10:1).

F. The person must allow representa-tive(s) of the department to attend the train-ing course for purposes of determining com-pliance with this rule.

G. Exempted persons shall submit tothe director changes in curricula, instructorsand other significant revisions to the trainingprogram as they occur. The person must sub-

mit resumés of all new instructors to the

department as soon as substitutions or addi-

tions are made.

H. The department may revoke or

suspend an exemption if on-site inspection

indicates that the training fails the exemption

requirements. These include, but are not lim-

ited to, a decrease in course length, a change

in course content or use of different instruc-

tors than those indicated in the application.

The department, in writing, shall notify the

person responsible for the training of defi-

ciencies. The person shall have thirty (30)

days to correct the deficiencies before the

department issues final written notice of

exemption withdrawal.

2. If the department finds an exemption

application deficient, the person has sixty

(60) days to correct the deficiencies. If, with-

in sixty (60) days, the person fails to provide

the department with the required informa-

tion, the department may deny approval of the

exemption.

3. The person shall submit a fee of two

hundred fifty dollars ($250) with the applica-

tion for exemption. This is a nonrefundable

one (1)-time fee.

(4) Reporting and Record Keeping. (Not

Applicable)


AUTHORITY: section 643.050, RSMo 2000.*

Original rule filed Dec. 14, 1992, effective

Sept. 9, 1993. Emergency amendment filed

July 26, 1994, effective Aug. 5, 1994, expired

Dec. 2, 1994. Emergency amendment filed

Nov. 15, 1994, effective Dec. 2, 1994,

expired March 31, 1995. Amended: Filed

Aug. 1, 1994, effective March 30, 1995.

Amended: Filed Jan. 12, 2004, effective Sept.

30, 2004.


1972, 1992, 1993, 1995.


Sulfur Compounds

PURPOSE: This rule establishes the maxi-

mum allowable concentration of sulfur com-

pounds in source emissions and in the ambi-

ent air.

(1) Applicability.

(A) This rule applies to any installation

that is an emission source of sulfur com-

pounds, except—



1. Emission sources subject to anapplicable sulfur compound emission limitunder 10 CSR 10-6.070; or

2. Combustion equipment that usesexclusively pipeline grade natural gas asdefined in 40 CFR 72.2. or liquefied petrole-um gas as defined by American Society forTesting and Materials (ASTM), or any com-bination of these fuels.

(B) Subsection (3)(A) of this rule shallapply to all sulfur compound emissionsexcept—

1. Indirect heating sources; or2. Existing lead smelting and/or refining

sources.(C) Subsection (3)(B) of this rule restricts

sulfur dioxide (SO2) concentrations in the

ambient air.(D) Subsection (3)(C) of this rule restricts

sulfur dioxide emissions from indirect heat-ing sources greater than three hundred fiftythousand British thermal units (350,000 Btus)per hour actual heat input.

(E) Subsection (3)(D) of this rule shallapply to sulfur compound emissions fromexisting lead smelting and/or refining sourcesor related activities.


(3) General Provisions.(A) Restriction of Concentration of Sulfur

Compounds in Emissions.1. Existing sources. No person shall

cause or permit the emission into the atmos-phere gases containing more than two thou-sand parts per million by volume (2000ppmv) of sulfur dioxide or more than seven-ty milligrams per cubic meter (70 mg/cubicmeter) of sulfuric acid or sulfur trioxide orany combination of those gases averaged onany consecutive three (3)-hour time period.

2. New sources. No person shall causeor permit the emission into the atmospheregases containing more than five hundredparts per million by volume (500 ppmv) ofsulfur dioxide or more than thirty-five mil-ligrams per cubic meter (35 mg/cubic meter)of sulfuric acid or sulfur trioxide or any com-bination of those gases averaged on any con-secutive three (3)-hour time period.

3. Compliance with subsection (3)(A) ofthis rule shall be determined by source testingas specified in subsection (5)(A) of this rule.

4. Other methods approved by the staffdirector in advance may be used.

(B) Restriction of Concentration of SulfurCompounds in the Ambient Air. In additionto the limitations specified in subsections(3)(A), (3)(C) and (3)(D) of this rule, no per-son shall cause or permit the emission of sul-

fur compounds from any source which caus-es or contributes to concentrations exceedingthose specified in 10 CSR 10-6.010 AmbientAir Quality Standards. Except as may bespecified elsewhere in this rule, the methodsfor measuring ambient sulfur compound con-centrations are specified in 10 CSR 10-6.040.

(C) Restriction of Emission of Sulfur Diox-ide from Indirect Heating Sources.

1. Subsection (3)(C) of this rule appliesto installations in which fuel is burned for theprimary purpose of producing steam, hotwater or hot air or other indirect heating ofliquids, gases or solids and in the course ofdoing so the products of combustion do notcome into direct contact with process materi-als. When any products or by-products of amanufacturing process are burned for the same purpose or in conjunction with anyfuel, the same maximum emission limitationsshall apply.

2. Indirect heating sources located inMissouri, other than in Franklin, Jefferson,St. Louis, St. Charles Counties or City of St.Louis.

A. No person shall cause or allowemissions of sulfur dioxide into the atmos-phere from any indirect heating source inexcess of eight pounds (8 lbs.) of sulfur diox-ide per million Btus actual heat input aver-aged on any consecutive three (3)-hour timeperiod unless that source is listed in Table Ior subject to a provision of 10 CSR 10-6.070New Source Performance Regulations withan applicable sulfur compound emissionlimit.

B. The following existing indirectheating sources listed in Table I shall limittheir average sulfur emissions into the atmos-phere to the allowable amount of sulfur diox-ide per million Btus of actual heat input aver-aged on any consecutive three (3)-hour basis.



Table I

Averaging Emission Rate per Unit

Facility Time (Pounds Sulfur Dioxide Per Million Btus)

Associated Electric Cooperative—New 3 hours 10.0Madrid

Associated Electric Cooperative— 3 hours 8.0Thomas Hill

Central Electric Power Cooperative— 3 hours 6.7Chamois

City Utilities—James River Plant* 24 hours (Units 1–4) 1.5(Unit 5) 2.0

Empire District Electric Company— 3 hours 12.0Asbury Station

Independence Power and Light—Blue 3 hours 6.3Valley Station

Trigen—Grand Ave. Plant 3 hours 7.1

Kansas City Power & Light—Hawthorn Annual 1.3Plant*

Kansas City Power & Light—Montrose Annual 1.3Station*

Acquila—Sibley Plant 3 hour 9.0

Acquila—Lake Road Plant* 24 hours (Boilers 1, 2, and 4) 0.0524(Boiler 3) 0.0006(Boiler 5) 1.3490

(Boiler 6)**(Combustion Turbines 5, 6, and 7) 0.0511

University of Missouri—Columbia 3 hours 8.0

* Facility is subject to State Enforceable Agreement.** Boiler 6 at the Lake Road Plant is limited to a 24-hour daily block average of 1,400 pounds of SO2/hour.



C. Compliance with paragraph(3)(C)2. of this rule shall be determined bysource testing as specified in subsection(5)(B) of this rule.

D. Other methods approved by thestaff director in advance may be used.

E. Owners or operators of sourcesand installations subject to paragraph(3)(C)2. of this rule shall furnish the directorsuch data as s/he may reasonably require todetermine whether compliance is being met.

3. Indirect heating sources located inFranklin, Jefferson, St. Louis, St. CharlesCounties or City of St. Louis.

A. Restrictions applicable to installa-tions with a capacity of two thousand (2,000)million or more Btus per hour.

(I) No person shall cause or permitthe emission of sulfur dioxide to the atmos-phere from any installation with a capacity oftwo thousand (2,000) million or more Btusper hour in an amount greater than two andthree-tenths pounds (2.3 lbs.) of sulfur diox-ide per million Btus of actual heat input aver-aged on any consecutive three (3)-hour timeperiod unless that source is listed in part(3)(C)3.A.(II) of this rule or is subject to aprovision of 10 CSR 10-6.070 New SourcePerformance Regulations with an applicablesulfur compound emission limit.

(II) The following existing installa-tions shall limit their sulfur dioxide emissionsinto the atmosphere from the combustion ofany fuels to the allowable amount of sulfurdioxide per million Btus of actual heat inputlisted:

Emission

Rate per Unit*

(Pounds Sulfur

Dioxide Per

Facility Million Btus)

AmerenUE—Labadie Plant 4.8Ameren UE—

Portage des Sioux Plant 4.8

*Daily average, 00:01 to 24:00

(III) Owners or operators ofsources and installations subject to paragraph(3)(C)3. of this rule shall furnish the directorsuch data as s/he may reasonably require todetermine whether compliance is being met.

(IV) Each source subject to limita-tions under subparagraph (3)(C)3.A. of thisrule may emit sulfur dioxide at a rate not toexceed the allowable emission rate by morethan twenty percent (20%) for not more thanthree (3) days in any one (1) month.

(V) Compliance with part(3)(C)3.A.(II) of this rule shall be demon-strated by sulfur dioxide and either carbondioxide or oxygen continuous monitoringdevices, which devices, within ninety (90)

days of the date part (3)(C)3.A.(II) of thisrule becomes effective (July 12, 1979) as toany source or before January 1, 1982, in thecase of Ameren UE Company’s LabadiePlant, shall be certified by the owner or oper-ator to be installed and operational in accor-dance with Performance Specifications 2 and3, 40 CFR part 60, Appendix B. The devicesshall also be operated and maintained inaccordance with the procedures and standardsset out at 40 CFR 60.13(d) and (e)(2).

(VI) Reports shall be as specifiedin section (4) of this rule.

B. Restrictions applicable to installa-tions with a capacity of less than two thou-sand (2,000) million Btus per hour.

(I) During the months of October,November, December, January, February andMarch of every year, no person shall burn orpermit the burning of any coal containingmore than two percent (2%) sulfur or of anyfuel oil containing more than two percent(2%) sulfur in any installation having acapacity of less than two thousand (2,000)million Btus per hour. Otherwise, no personshall burn or permit the burning of any coalor fuel oil containing more than four percent(4%) sulfur in any installation having acapacity of less than two thousand (2,000)million Btus per hour.

(II) Part (3)(C)3.B.(I) of this ruleshall not apply to any installation if it can beshown that emissions of sulfur dioxide fromthe installation into the atmosphere will notexceed two and three-tenths (2.3) pounds permillion Btus of heat input to the installation.

(III) Owners or operators ofsources and installations subject to this sec-tion shall furnish the director such data ass/he may reasonably require to determinewhether compliance is being met.

C. Compliance with paragraph(3)(C)3. of this rule shall be determined bysource testing as specified in subsection(5)(B) of this rule.

D. Other methods approved by thestaff director in advance may be used.

(D) Emission of Sulfur Dioxide fromExisting Lead Smelters and Refineries.

1. Each of the following existing instal-lations listed in Table II engaged in smeltingand/or refining lead shall limit its sulfur diox-ide emissions from the sources or stacks, asdescribed, to the amount of sulfur dioxide setforth here.



Table II

Emission

Averaging Limitation

Facility Time (Pounds SO2/Hr)

Doe Run Company, Lead Smelter and Refinery— 1 hour testGlover, Missouri repeated 3 timesTwo stacks:

Sinter machine off-gas stack 20,000Blast furnace baghouse stack 1,056

Doe Run Company, Buick Smelter— 1 hour testBoss, Missouri repeated 3 times 8,650

Doe Run Company, Herculaneum 1 hour testSmelter—Herculaneum, Missouri repeated 3 times 20,000

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