PURPOSE: This rule defines sources required to obtain
permits to construct. It establishes: requirements to be met prior to
construction or modification of any sources; a procedure for a source to
voluntarily obtain a permit for implementing practically enforceable
conditions; a procedure for the permitting authority to issue general permits;
permit fees; and public notice requirements for certain permits. This proposed
amendment will remove erroneous references to incorporation by reference
information in 10 CSR
10-6.030(21) and
10 CSR
10-6.075(3)(A), and add the
appropriate incorporation by reference information to this rule. Rule
10 CSR
10-6.030 is being amended to address EPA concerns
regarding the incorporation by reference of certain federal regulations. After
reviewing references to 10 CSR 10 -6.030 and other cross references in 10 CSR
10-6.060 for potential issues, these changes were deemed necessary. In
addition, this proposed amendment will make typographical corrections and
clarify the definition of "portable equipment installation" by explicitly
stating that "any other air pollutant" includes the subcategories of
particulate matter (PM): PM10 and
PM2.5. The adoption of this proposed amendment will
ensure this rule can be approved by EPA and replace the current version in the
Missouri SIP. The evidence supporting the need for this proposed rulemaking,
per 536.016, RSMo, is an EPA comment letter dated September 18,
2018.
(1) Applicability.
(A) Construction Permit Required. The owner
or operator of a new or existing installation throughout Missouri that meets
any of the following provisions must obtain a permit:
1. Before construction of a new installation
that results in a potential to emit greater than de minimis threshold
levels;
2. Before new construction
and/or modification that results in an emission increase greater than the de
minimis threshold levels at an existing installation with potential to emit
less than de minimis threshold levels;
3. Before new construction and/or
modification that results in an emission increase at an existing installation
whose potential to emit exceeds de minimis threshold levels or is less than de
minimis threshold levels due to taking practically enforceable requirements in
a permit;
4. The new construction
and/or modification is a major modification as defined -
A. Under
40 CFR
52.21(b)(2), which is
incorporated by reference in subsection (8)(A) of this rule, for pollutants in
attainment and unclassified areas; or
B. Under
40 CFR
51.165(a)(1)(v), which is
incorporated by reference in paragraph (7)(A)2. of this rule, for pollutants in
nonattainment areas; or
5. Before construction of an
incinerator.
(B)
Voluntary Permit. An installation in Missouri may obtain a permit under this
rule in order to acquire voluntary, enforceable limits.
(C) Exempt Construction or Modification. No
construction permit is necessary for construction or modification of
installations when-
1. The entire
construction or modification is exempt or excluded by
10 CSR
10-6.061;
3. Original construction or modification
occurred prior to May 13, 1982. Any construction or modification that occurs
after this date is not exempt.
(D) Construction and Operation Prohibited
Prior to Permitting. Owners or operators shall obtain a permit from the
permitting authority, except as allowed under subsection (1)(E) of this rule,
prior to any of the following activities:
1.
The beginning of actual construction or modification of any installation
subject to this rule;
2. Operation
after construction or modification; or
3. Operation of any emission unit that has
been permanently shutdown.
(E) Construction Allowed Prior to Permitting.
A Pre-Construction Waiver may be obtained with authorization of the director by
sources not subject to review under section (7), (8), or (9) of this rule, or
sources seeking federally enforceable permit restrictions to avoid review under
section (7), (8), or (9) of this rule.
1. A
complete request for authorization includes:
A. A signed waiver of any state
liability;
B. A complete list of
the activities to be undertaken; and
C. The applicant's full acceptance and
knowledge of all liability associated with the possibility of denial of the
permit application.
2. A
request will not be granted unless an application for permit approval under
this rule has been filed or if the start of actual construction has
occurred.
(2)
Definitions.
(A) Definitions of general terms
used in this rule, other than those defined elsewhere in this section, may be
found in
10
CSR 10-6.020.
(B) Definitions of certain terms used in this
rule may be found in paragraph (b) of
40 CFR
52.21, which is incorporated by reference in
subsection (8)(A) of this rule, except that any provisions of
40 CFR
52.21(b) that are stayed
shall not apply.
(C) Alternate site
analysis-An analysis of alternative sites, sizes, production processes, and
environmental control techniques for the proposed source that demonstrates that
benefits of the proposed installation significantly outweigh the environmental
and social costs imposed as a result of its location, construction, or
modification.
(D) Ambient air
increments-The limited increases of pollutant concentrations in ambient air
over the baseline concentration.
(E) Emission(s) - The release or discharge,
whether directly or indirectly, into the atmosphere of one (1) or more air
contaminants listed in subsection (3)(A) of
10 CSR
10-6.020.
(F) Emission increase - The sum of
post-project potential to emit minus the pre-project potential to emit for each
new and modified emission unit. Decreases and netting are not to be included in
the emission increase calculations.
(G) Good engineering practice (GEP) stack
height-The greater of-
1. Sixty-five meters
(65 m) measured from the ground-level elevation at the base of the
stack;
2. For stacks on which
construction commenced on or before January 12, 1979, and for which the owner
or operator had obtained all applicable permits or approvals required under 40
CFR
51 and
52,
Hg = 2.5H
provided the owner or operator produces evidence that this
equation was actually relied on in establishing an emission limitation; and for
all other stacks,
Hg = H + 1.5L
Where:
Hg = GEP stack height, measured from
the ground-level elevation at the base of the stack;
H = height of nearby structure(s) measured from the
ground-level elevation at the base of the stack; and
L = lesser dimension, height, or projected width of the
nearby structure(s). Provided that the director may require the use of a field
study or fluid model to verify GEP stack height for the installation;
or
3. The height
demonstrated by a fluid model or field study approved by the director, which
ensures that the emissions from a stack do not result in excessive
concentrations of any air pollutant as a result of atmospheric downwash, wakes,
or eddy effects created by the source itself, nearby structures, or nearby
terrain features.
(H)
Incinerator-Any article, machine, equipment, contrivance, structure, or part of
a structure used to burn refuse or to process refuse material by burning other
than by open burning.
(I)
Modification-Any physical change to, or change in method of operation of, a
source operation or attendant air pollution control equipment which would cause
an increase in potential emissions of any air pollutant emitted by the source
operation.
(J) Nonattainment
pollutant-Each and every pollutant for which the location of the source is in
an area designated to be in nonattainment of a National Ambient Air Quality
Standard (NAAQS) under section 107(d)(1)(A)(i) of the Clean Air Act (CAA). Any
constituent or precursor of a nonattainment pollutant shall be a nonattainment
pollutant, provided that the constituent or precursor pollutant may only be
regulated under this rule as part of regulation of the corresponding NAAQS
pollutant. Both volatile organic compounds (VOC) and nitrogen oxides
(NOx) shall be nonattainment pollutants for a source
located in an area designated nonattainment for ozone.
(K) Offset-A decrease in actual emissions
from a source operation or installation that is greater than the amount of
emissions anticipated from a modification or construction of a source operation
or installation. The decrease must have substantially similar environmental and
health effects on the impacted area. Any ratio of decrease to increase greater
than one to one (1:1) constitutes offset. The exceptions to this are ozone
nonattainment areas where VOC and NO
x emissions will
require an offset ratio of actual emission reduction to new emissions according
to the following schedule:
1. marginal area =
1.1:1;
2. moderate area =
1.15:1;
3. serious area =
1.2:1;
4. severe area = 1.3:1;
and
5. extreme area =
1.5:1.
(L) Permanently
shutdown-The permanent cessation of operation of any air pollution control
equipment or process equipment, not to be placed back into service or have a
start-up.
(M) Pilot trials-A study,
project or experiment conducted in order to evaluate feasibility, time, cost,
adverse events, and improve upon the design prior to performance on a larger
scale.
(N) Pollutant-An air
contaminant listed in subsection (3)(A) of
10 CSR
10-6.020.
(O) Portable equipment-Any equipment that is
designed and maintained to be movable, primarily for use in noncontinuous
operations. Portable equipment includes rock crushers, asphaltic concrete
plants, and concrete batching plants.
(P) Portable equipment installation-An
installation that consists solely of portable equipment and associated haul
roads and storage piles. To be considered a portable equipment installation the
following must apply:
1. The potential to emit
of this installation is of less than two hundred fifty (250) tons per year of
particulate matter (PM) and less than one hundred (100) tons per year of any
other air pollutant, including PM2.5 and
PM10, taking into account any federally enforceable
conditions; and
2. Any equipment
cannot operate at a location for more than twenty-four (24) consecutive months
without an intervening relocation.
(Q) Refuse-Garbage, rubbish, trade wastes,
leaves, salvageable material, agricultural wastes, or other wastes.
(R) Regulated air pollutant-All air
pollutants or precursors for which any standard has been promulgated.
(S) Risk assessment levels (RALs)-Ambient
concentrations of air toxics that are not expected to produce adverse cancer
and non-cancer health effects during a defined period of exposure. The RALs are
based upon animal toxicity studies, human clinical studies, and human
epidemiology studies that account for exposure to sensitive populations such as
the elderly, pregnant women, children, and those having respiratory illness
such as asthma.
(T) Screening model
Action Levels (SMALs)-The emission threshold of an individual hazardous air
pollutant (HAP) or HAP group that triggers the need for an air quality analysis
of the individual HAP.
(U)
Shutdown-The cessation of operation of any air pollution control equipment or
process equipment.
(V) Shutdown,
permanent-See permanent shutdown.
(W) Start-up-The setting into operation of
any air pollution control equipment or process equipment, except the routine
phasing in of process equipment.
(X) Temporary installation-An installation
that operates or emits pollutants less than two (2) years.
(3) Application and Permit Procedures.
(A) Preapplication Meeting.
1. Prior to submittal of a permit
application, the applicant may request a preapplication meeting with the
permitting authority to discuss the nature of and apparent requirements for the
forthcoming permit application.
2.
A preapplication meeting is required thirty (30) days prior to application
submittal of a section (7), (8) or (9) permit application.
(B) Permitting Authority's Responsibilities
Regarding the Permit Application.
1. The
permitting authority provides a standard application package for permit
applicants.
2. The permitting
authority requires the following information in the standard application
package and supplemental material:
A. The
applicant's company name and address (or plant name and address if different
from the company name), the owner's name and state registered agent, and the
telephone number and name of the plant site manager or other contact
person;
B. Site information
including locational data, equipment layout, and plant layout;
C. A description of the installation's
processes and products and the four (4)-digit Standard Industrial
Classification Code; and
D. The
following emissions-related information:
(I) A
description of the new construction or modification occurring at the
installation;
(II) Identification
and description of all emissions units with emissions that are being added or
modified as a result of the construction or modification described in part
(3)(B)2.D.(I) of this rule;
(III) A
description of all emissions of regulated air pollutants emitted from each
emission unit identified in part (3)(B)2.D.(II) of this rule;
(IV) The potential to emit of each pollutant
emitted per emission unit including, but not limited to, maximum hourly design
rates, emission factors, or other information that enables the permitting
authority to verify such rates, and in such terms as necessary to establish
compliance with applicable regulations;
(V) Information necessary to determine or
regulate emissions including, but not limited to, fuels, fuel use, raw
materials, production rates, and operating schedules;
(VI) Identification and description of air
pollution capture and control equipment with capture and control efficiencies
and the pollutants that are being controlled for each respective capture and
control device;
(VII)
Identification and description of compliance monitoring devices or activities;
and
(VIII) Limitations on
installation operations and work practice standards affecting emissions for all
regulated air pollutants.
(C) Applicant Responsibilities Regarding the
Permit Application.
1. The applicant shall
submit the information specified in the application package for each emissions
unit being constructed or modified.
2. Certification by a responsible official.
Any application form or report submitted pursuant to this rule shall contain
certification by a responsible official of truth, accuracy, and completeness.
This certification, and any other certification, shall be signed by a
responsible official and contain the following language: I certify, based on
information and belief formed after reasonable inquiry, the statements and
information in the document are true, accurate, and complete.
3. The applicant shall supply the following
supplemental information in addition to the application:
A. Additional information, plans,
specifications, drawings, evidence, documentation, and monitoring data that the
permitting authority may require to verify applicability and complete review
under this rule;
B. Other
information required by any applicable requirement. Specific information may
include, but is not limited to, items such as testing reports, vendor
information, material safety data sheets, or information related to stack
height limitations developed pursuant to section 123 of the CAA;
C. Calculations on which the information in
parts (3)(B)2.D.(I) through (3)(B)2.D.(VIII) of this rule are based;
D. Related information in sufficient detail
necessary to establish compliance with the applicable standard reference test
method, if any; and
E. Ambient air
quality modeling data, in accordance with section (5) or (8) of this rule, for
all pollutants requiring modeling to determine the air quality impact of the
construction or modification of the installation.
4. Confidential information. An applicant may
submit information to the permitting authority under a claim of confidentiality
pursuant to
10 CSR 10-6.210. The
confidentiality request needs to be submitted with the initial application to
ensure confidentiality.
5. Duty to
supplement or correct application. Any applicant that fails to submit any
relevant facts or submits incorrect information in a permit application, upon
becoming aware of the failure or incorrect submittal, shall promptly submit
supplementary facts or corrected information. In addition, an applicant shall
provide additional information, as necessary, to address any requirements that
become applicable to the installation after the date an application is deemed
complete, but prior to the issuance of the construction permit.
6. Filing fees in accordance with paragraph
(3)(H)9. of this rule.
(D) Completeness Review of Application.
Review of applications for completeness includes the following:
1. The permitting authority will review each
application for completeness and inform the applicant within thirty (30) days
if the application is not complete. In order to be complete, an application
must include a completed application package and the information required in
subsection (3)(C) of this rule.
2.
If the permitting authority does not notify the installation that its
application is not complete within thirty (30) days of receipt of the
application, the application shall be deemed complete. However, nothing in this
subsection prevents the permitting authority from requesting additional
information that is necessary to process the application.
3. The permitting authority maintains a
checklist to be used for the completeness determination. A notice of
incompleteness identifying the application's deficiencies will be provided to
the applicant.
(E)
Conditions that the permitting authority can require in permit. The permitting
authority may impose conditions in a permit necessary to accomplish the
purposes of this rule, any applicable requirements, or the Air Conservation
Law, Chapter 643, RSMo, and are no less stringent than any applicable
requirements. Such conditions may include:
1.
Operating or work practice constraints to limit the maximum level of
emissions;
2. Emission control
device efficiency specifications to limit the maximum level of
emissions;
3. Maximum level of
emissions;
4. Emission testing
after commencing operations, to be conducted by the owner or operator, as
necessary to demonstrate compliance with applicable requirements or other
permit conditions;
5.
Instrumentation to monitor and record emission data;
6. Other sampling and testing
facilities;
7. Data
reporting;
8. Post-construction
ambient monitoring and reporting;
9. Sampling ports of a suitable size, number,
and location; and
10. Safe access
to each port.
(F)
Following review of an application, the permitting authority will issue a draft
permit for public comment in accordance with the procedures for public
participation as specified in subsection (12)(A), Appendix (A) of this rule for
all applications for sources that:
1. Emit
five (5) or more tons of lead per year;
2. Contain GEP stack height demonstrations;
or
3. Are subject to section (7),
(8), or (9) of this rule.
(G) Final permit determination. Final
determination will be made on the following schedules.
1. The permitting authority will make a final
permit determination for permit applications processed under section (7), (8),
or (9) of this rule no later than one hundred eighty-four (184) calendar days
after receipt of a complete application, taking into account any additional
time necessary for missing information.
2. The permitting authority will make a final
permit determination for permit applications processed under section (4), (5),
or (10) of this rule no later than ninety (90) calendar days after receipt of a
complete application, taking into account any additional time necessary for
missing information.
3. If, while
processing an application that has been determined or deemed to be complete,
the permitting authority determines that additional information is necessary to
evaluate or to take final action on that application, the permitting authority
may request this additional information in writing. In requesting this
information, the permitting authority will establish a deadline for a response.
The review period will be extended by the amount of time necessary to collect
the required information.
4.
Timeframes stated in this paragraph do not apply to permit amendments.
Amendments to permits will follow the schedules outlined in section (11) of
this rule.
(H) Fees.
1. All installations or source operations
requiring permits under this rule must submit the application with a permit
filing fee to the permitting authority. Failure to submit the permit filing fee
constitutes an incomplete permit application according to subsection (3)(D) of
this rule.
2. Upon receipt of an
application for a permit or a permit amendment, a permit processing fee begins
to accrue per hour of actual staff time. In lieu of the per-hour processing fee
for relocation of portable plants subject to paragraph (4)(D)1. of this rule, a
flat fee as specified in paragraph (3)(H)9. of this rule must be submitted by
the applicant.
3. The permitting
authority, upon request, will notify the applicant in writing if the permit
processing fee approaches two thousand dollars ($2,000) and in
two-thousand-dollar ($2,000) increments after that.
4. After making a final determination whether
the permit should be approved, approved with conditions, or denied, the
permitting authority will notify the applicant in writing of the final
determination and the total permit processing fees due. The amount of the fee
will be determined in accordance with paragraph (3)(H)9. of this
rule.
5. The applicant shall submit
fees for the processing of the permit application within ninety (90) calendar
days of the final review determination, whether the permit is approved, denied,
withdrawn, or not needed. After the ninety (90) calendar days, the unpaid
processing fees will have interest imposed upon the unpaid amount at the rate
of ten percent (10%) per annum from the date of billing until payment is made.
Failure to submit the processing fees after the ninety (90) calendar days will
result in the permit being denied (revoked for portable installation location
amendments) and the rejection of any future permit applications by the same
applicant until the processing fee plus interest has been paid.
6. Partially processed permits that are
withdrawn after submittal are charged at the same processing fee rate in
paragraph (3)(H)9. of this rule for the time spent processing the
application.
7. The applicant shall
pay for any publication of notice required and pay for the original and one (1)
copy of the transcript, to be filed with the permitting authority, for any
hearing required under this rule. No permit is issued until all publication and
transcript costs have been paid.
8.
The commission may reduce the permit processing fee or exempt any person from
payment of the fee upon an appeal filed with the commission stating and
documenting that the fee will create an unreasonable economic hardship upon the
person.
9. Permit fees.
Permit Application Type
|
Rule Section Reference
|
Filing Fee
|
Processing Fee
|
Portable Source Relocation Request
|
(4)
|
$300
|
-
|
Minor
|
(5)
|
$250
|
$75/hr
|
General Permit
|
(6)
|
$700
|
-
|
New Source Review
(NSR)
|
(7)
|
$5,000
|
$75/hr
|
Prevention of Significant Deterioration (PSD)
|
(8)
|
$5,000
|
$75/hr
|
HAP
|
(9)
|
$5,000
|
$75/hr
|
Initial Plantwide Applicability Limit (PAL)
|
(7) or (8)
|
$5,000
|
$75/hr
|
Renewal PAL
|
(7) or (8)
|
$2,500
|
$75/hr
|
Temporary/Pilot
|
(10)
|
$250
|
$75/hr
|
Permit Amendment
|
(11)
|
-
|
$75/hr
|
10.
No later than three (3) business days after receipt of the whole amount of the
fee due, the permitting authority will send the applicant a notice of payment
received. The permit will also be issued at this time, provided the final
determination was for approval and the permit processing fee was timely
received.
(I) Final
Permit Issuance: Any installation subject to this rule will be issued a permit
and be in effect if all of the following conditions are met:
1. Information is submitted to the permitting
authority which is sufficient for the permitting authority to verify the annual
emission rate and to verify that no applicable emission control rules will be
violated;
2. No applicable
requirements of the Air Conservation Law are violated;
3. The installation does not cause an adverse
impact on visibility in any Class I area;
4. The installation will not interfere with
the attainment or maintenance of NAAQS and the air quality standards
established in
10 CSR 10-6.010;
5. The installation will not cause or
contribute to ambient air concentrations in excess of any applicable maximum
allowable increase listed in paragraph (5)(F)5. Table 2 of this rule, or be
over the baseline concentration in any attainment or unclassified
area;
6. The installation will not
exceed the RALs required for all pollutants that exceed the SMALs;
and
7. All permit fees are
paid.
(J) After a permit
has been granted-
1. The owner or operator
subject to the provisions of this rule must furnish the permitting authority
written notification of the actual date of initial start-up of a source
operation or installation within fifteen (15) days of that date.
2. A permit will become invalid if:
A. Construction or modification work is not
commenced within two (2) years for permits issued under section (4), (5), (6)
or (10) from the date of issuance;
B. Construction or modification work is not
commenced within eighteen (18) months from the date of issuance for permits
issued under section (7), (8), or (9); or
C. Work is suspended for more than eighteen
(18) months for any type of permit, and if-
(I) The delay was reasonably foreseeable by
the owner or operator at the time the permit was issued;
(II) The delay was not due to an act of God
or other conditions beyond the control of the owner or operator; or
(III) Failure to consider the permit invalid
would be unfair to other potential applicants;
D. Exception: An installation may request an
extension request for starting construction related to a permit. The extension
request must be submitted to the permitting authority at a minimum of thirty
(30) days prior the date when the permit will become invalid. The request shall
include the reason for the extension request and a verification statement that
the installation is able to meet all of the requirements included in the
permit. The permitting authority reserves the right to deny an extension based
on the promulgation of new rules that would affect the permit review or changes
in air quality that have occurred since the permit issuance.
3. Any owner or operator who
constructs, modifies, or operates an installation not in accordance with the
application submitted and the permit issued, including any terms and conditions
made a part of the permit is in violation of this rule.
4. Approval to construct does not relieve any
owner or operator of the responsibility to comply fully with applicable
provisions of the Air Conservation Law and rules or any other requirements
under local, state, or federal law.
(4) Portable Equipment Permits, Amendments,
and Relocations.
(A) Applicability. This
section of the rule applies to construction or modification occurring at a
portable equipment installation as defined in section (2) of this rule.
1. The installation consists solely of
portable equipment and associated haul roads and storage piles and has a
potential to emit less than two hundred fifty (250) tons per year of
particulate matter and less than one hundred (100) tons per year of any other
air pollutant, taking into account any federally enforceable conditions;
and
2. Any equipment operated at a
location for less than twenty-four (24) consecutive months without an
intervening relocation.
(B) The review and issuance of each initial
permit application will follow the procedures of section (3) and subsection
(5)(D) of this rule, Modeling Required.
(C) The review of any modifications to the
portable plant will follow the amendment procedures outlined in section (11) of
this rule.
(D) The relocation of a
portable plant from a site will follow the procedures outlined below:
1. For permitted portable equipment operating
at a different location not previously approved in a permit or an amendment-
A. The owner or operator shall submit to the
permitting authority a Portable Source Relocation Request, property boundary
plot plan, and the equipment layout for the site.
B. Each relocation request shall be
accompanied with the relocation fees as described in paragraph (3)(H)9. of this
rule; and
C. The permitting
authority shall make the final determination and, if appropriate, approve the
relocation request no later than twenty-one (21) calendar days after receipt of
the complete Portable Source Relocation Request; and
2. For permitted portable equipment operating
at a location previously approved in a permit or an amendment, and conditions
at the site have not changed (new sources approved to operate at the location)-
A. When relocating portable equipment to a
site that is listed on the permit or on the amended permit, the owner or
operator shall report the move to the permitting authority on a Portable Source
Relocation Request for authorization to operate in a new location as soon as
possible, but not later than seven (7) calendar days prior to ground breaking
or initial equipment erection;
B.
No fees are associated with this authorization.
C. Authorization will be presumed if
notification of denial is not received by the specified ground breaking or
equipment erection date.
(E) The director may require an air quality
analysis that is not required under subsection (5)(D) of this rule if it is
likely that the emissions of the proposed construction or modification will
affect air quality or the air quality standards listed in paragraphs (3)(I)3.
through 6. of this rule or complaints filed in the vicinity
(5) Minor Permits.
(A) Applicability. This section applies to
the installations that need a permit under subsection (1)(A), but are not
subject to:
1. Section (4), (7), (8), (9), or
(10) of this rule; and
2. Do not
request cove rage under section (6) of this rule
(B) The submittal and review of each permit
application and issuance of each permit will follow the procedures of section
(3) of this rule and, when applicable, subsection (12)(A), Appendix A of this
rule.
(C) In order to eliminate the
necessity for a large number of de minimis permit applications from a single
installation, a special case de minimis permit may be developed for those
batch-type production processes that frequently change products and component
source operations. Operating in violation of the conditions of a special case
de minimis permit is a violation of this rule.
(D) Modeling Required. Any construction or
modification, which has an emissions increase greater than
de
minimis threshold levels or the HAP is greater than the SMALs taking
into account any federally enforceable conditions shall complete an air quality
analysis for the affected pollutant in accordance with subsection (5)(F) of
this rule. At minimum, the installation will demonstrate that the proposed
construction or modification will not-
1.
Interfere with the attainment or maintenance of NAAQS and the air quality
standards established in
10 CSR
10-6.010; or
2. Cause or contribute to an exceedance of
the RALs for all pollutants that exceed the SMALs.
(E) Exception: Notwithstanding the modeling
required in subsection (5)(D) of this rule, the director may require additional
air quality analysis if-
1. It is likely that
the emissions of the proposed construction or modification will affect air
quality or the air quality standards listed in paragraphs (3)(I)3. through 6.
of this rule;
2. It is likely that
the construction or modification will result in the discharge of HAPs in
quantities, of characteristics, and of a duration that directly and proximately
cause or contribute to injury to human, plant, or animal life or the use of
property; or
3. Complaints filed in
the vicinity of the proposed construction or modification warrant an air
quality analysis.
(F) Air
Quality Analysis.
1. All estimates of ambient
concentrations required under this subsection are based on applicable air
quality models, databases, and other requirements specified in the U.S.
Environmental Protection Agency's (EPA) Guideline on Air Quality Models at
appendix W of 40 CFR
51.
2. The air
quality analysis demonstration required in subsection (5)(D) of this rule or
required by the director in subsection (5)(E) of this rule is deemed to have
been made if the emissions increase from the proposed construction or
modification alone would cause, in all areas, air quality impacts less than the
amounts listed in Table 1 in paragraph (5)(F)3. of this rule.
3. Table 1-Significant Levels for Air Quality
Impact in Class II Areas.
Pollutant
|
Averaging Time
|
Annual
|
24-hour
|
8-hour
|
3-hour
|
1-hour
|
SO2
|
1.0
|
5
|
25
|
7.9
|
PM10
|
5
|
PM2.5
|
0.2
|
1.2
|
NO2
|
1.0
|
7.5
|
CO
|
500
|
2000
|
Individual HAP Significant Impact Levels are equal to
four (4) percent of the respective RALs listed in the table referenced in
subparagraph (5)(F)6.A. of this rule.
|
Note: All impacts in micrograms per cubic
meter.
4. In the event the
director requires modeling under subsection (5)(E) of this rule, ambient air
concentration increases shall be limited to the applicable maximum allowable
increase listed in Table 2 over the baseline concentration in any attainment or
unclassified area. Table 2 is located in paragraph (5)(F)5. of this
rule.
5. Table 2 Ambient Air
Increment Table.
Pollutant
|
Maximum Allowable Increase
|
Class I Areas
Particulate Matter 2.5 Micron:
|
Annual arithmetic mean
|
1
|
24-hour maximum
|
2
|
Particulate Matter 10 Micron:
|
Annual arithmetic mean
|
4
|
24-hour maximum
|
8
|
Sulfur Dioxide:
|
Annual arithmetic mean
|
2
|
24-hour maximum
|
5
|
3-hour maximum
|
25
|
Nitrogen Dioxide:
|
Annual arithmetic mean
|
2.5
|
Class II Areas
|
Particulate Matter 2.5 Micron:
|
Annual arithmetic mean
|
4
|
24-hour maximum
|
9
|
Particulate Matter 10 Micron:
|
Annual arithmetic mean
|
17
|
24-hour maximum
|
30
|
Sulfur Dioxide:
|
Annual arithmetic mean
|
20
|
24-hour maximum
|
91
|
3-hour maximum
|
512
|
Nitrogen Dioxide:
|
Annual arithmetic mean
|
25
|
Class III Areas
|
Particulate Matter 2.5 Micron:
|
Annual arithmetic mean
|
8
|
24-hour maximum
|
18
|
Particulate Matter 10 Micron:
|
Annual arithmetic mean
|
34
|
24-hour maximum
|
60
|
Sulfur Dioxide:
|
Annual arithmetic mean
|
40
|
24-hour maximum
|
182
|
3-hour maximum
|
700
|
Nitrogen Dioxide:
|
Annual arithmetic mean
|
50
|
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
Missouri-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.
6. HAPs
table and public review.
A. The director
shall maintain a table of RALs and SMALs for HAPs.
B. Public review: The permitting authority
will make available for public review any changes to RALs or SMALs of any HAP
in accordance with the following procedures:
(I) The permitting authority issues a draft
proposal for use of alternate RALs or SMALs and any supporting information
relied upon for the proposed changes by publishing a notice on the permitting
authority's website;
(II) Any
interested person may submit relevant information materials and views to the
permitting authority, in writing, until the thirtieth day after the date of
publication of the notice. The comment period may be extended by thirty (30)
calendar days if a written request is received within twenty-five (25) calendar
days of the original notice;
(III)
The permitting authority considers all written comments submitted within the
time specified in the public notice in making the final decision on the
approvability of the values subject to change;
(IV) The permitting authority makes a final
determination on whether to approve, approve with changes, or deny the
changes;
(V) Any changes made to
the proposed values as a result of public comments will go through public
notice again following the procedures outlined in parts (5)(F)6.B.(I) through
(V) of this rule;
(VI) Final
decisions and response to comments will be made available to the public on the
permitting authority's website; and
(VII) The values become effective on the date
of final publication. The permitting authority shall finalize the values within
thirty (30) days from the end of the public comment
period.
7.
Special considerations for stack heights and dispersion techniques.
A. The degree of emission limitation
necessary for control of any air pollutant under this rule is not affected in
any manner by-
(I) That amount of the stack
height of any installation exceeding GEP stack height; or
(II) Any other dispersion
technique.
B. Paragraph
(5)(F)7. of this rule does not apply to stack heights on which construction
commenced on or before December 31, 1970, or to dispersion techniques
implemented on or before December 31, 1970.
C. Before the permitting authority issues a
permit under this rule based on stack heights that exceed GEP, the permitting
authority must notify the public of the availability of the demonstration study
and provide opportunity for a public hearing.
D. This paragraph does not require that
actual stack height or the use of any dispersion technique be restricted in any
manner.
(6) General Construction Permit.
(A) General Construction Permit Requirements.
The permitting authority may issue a general construction permit in accordance
with the following:
1. The general
construction permit may be written to cover a category of a single emission
unit, the same type of emission units, or an entire minor source if the sources
in the category meet all of the following criteria:
A. Are similar in nature. Similar in nature
refers to the facility size, processes, and operating conditions;
B. Have substantially similar emissions;
and
C. Would be subject to the same
or substantially similar requirements governing operations, emissions,
monitoring, reporting, or recordkeeping.
2. The following analyses will be completed
by the permitting authority in drafting the general construction permit:
A. A technical review of the source category
is completed by the permitting authority to determine the appropriate level of
control, if any, as well as any emission or operational limitations for the
affected emission units at the source as necessary to assure that ambient air
quality is maintained; and
B. The
permitting authority's analysis of the effect of the construction of the minor
source or modification under the general permit on ambient air
quality.
3. The general
permit must contain at minimum the following elements:
A. Identification of the specific category of
emission units or sources to which the general permit applies, including any
criteria that the emission units or source must meet to be eligible for
coverage under the general permit;
B. The emission units subject to the permit
and their associated emission limitations;
C. Monitoring, recordkeeping, reporting, and
testing requirements to assure compliance with the emission
limitations;
D. The effective date
of the general permit;
E. Any
additional general permit terms and conditions as deemed necessary to assure
that ambient air quality is maintained; and
F. Provisions that would prohibit the
facility from violating any other applicable state or federal
rule.
(B)
Public Participation Requirements.
1. Before
issuing a general construction permit, the permitting authority must provide a
thirty (30)-calendar-day period for the public to review the general
construction permit and the materials relied upon for its development. The
permitting authority will solicit comments on the draft general construction
permit by electronically publishing a notice on the department's website and
sending a copy of the notice to the administrator.
2. The public notice will contain the
following:
A. A description of the general
construction permit and the category of emission units it is expected to
cover;
B. The locations available
for public inspection of the materials listed in paragraph (6)(B)4. of this
rule. The locations at minimum shall include the Air Pollution Control Programs
central office and a posting on the department's website; and
C. The procedures for submitting comments as
stated in paragraph (6)(B)3. of this rule.
3. Public comment: Any interested person may
submit relevant information materials and views to the permitting authority, in
writing, until the end of the thirtieth day after the date of publication of
the notice.
4. The following
materials will be made available for public inspection during the entire public
notice period: the draft general permit for each source category and the
documents listed in paragraph (6)(A)2. of this rule. This will not include any
confidential information as defined in
10 CSR
10-6.210
(C) Amending the General Construction Permit.
General construction permits may be modified after the general construction
permit is issued. In the event that the permitting authority would like to
modify any portion of the general construction permit or if the permitting
authority makes changes other than clerical corrections to supporting
documents, the permitting authority will undergo the public participation
requirements under subsection (6)(B) of this rule before being considered final
agency action.
(D) Reevaluation of
the analyses conducted under paragraph (6)(A)2. of this rule will be conducted
by the permitting authority for each general construction permit issued by the
permitting authority every ten (10) years. The permitting authority will issue
a public notice in accordance with paragraph (6)(B)2. of this rule and provide
a thirty (30)-calendar-day period for the public to review the permitting
authority's analyses and conclusions and to provide public comment in
accordance with paragraph (6)(B)3. of this rule. If changes to the general
construction permit are viewed as necessary by the permitting authority, the
procedures outlined under subsection (6)(C) of this rule will be
followed.
(E) The director will
make available to the applicants the following material for each general
construction permit developed by the permitting authority:
1. A request for coverage form that the
applicant must provide to the permitting authority to demonstrate that the new
construction or modification is eligible for coverage under the general
construction permit; and
2. A list
of any additional information deemed necessary by the permitting authority to
determine eligibility for coverage.
(F) Obtaining Coverage under a General
Construction Permit.
1. If a source qualifies
for a general construction permit, the owner or operator may request coverage
under that permit to the permitting authority on the effective date of the
permit. The effective date of each permit will be posted on the department's
website.
2. A source that seeks to
vary from the general construction permit, and obtain an emission limitation,
control, or other requirement not contained in that permit shall apply for a
permit pursuant to other sections of this rule.
3. The permitting authority must make a
request for any additional information necessary to process the coverage
request within ten (10) days of receipt of application.
4. The permitting authority must approve or
disapprove the request for coverage under the general construction permit
within thirty (30) days of receipt of the coverage request. The permitting
authority shall outline the reasons for disapproval within the thirty (30)-day
review period.
5. If the permitting
authority makes a request for more information, the additional time needed by
the applicant to submit the information is not taken into account in the thirty
(30) days the permitting authority has to process the coverage request. If the
permitting authority fails to notify the applicant within the thirty (30)-day
period, coverage under the general construction permit is considered to be
granted.
6. If the permitting
authority determines that the request for coverage meets all of the
requirements of the general construction permit, the permitting authority will
issue notification of approval.
7.
If request for coverage under a general construction permit is approved-
A. The facility must retain a copy of the
notification granting such request at the site where the source is located;
and
B. The facility must comply
with all conditions and terms of the general construction
permit.
(G) The
director may revoke authorization of coverage under the general construction
permit and require the facility to apply for and obtain an individual
construction permit. Cases where an individual construction permit may be
required include, but are not limited to, the following:
1. The facility is not in compliance with the
conditions of the general construction permit;
2. The emission units covered under the
general construction permit are part of a larger construction or modification
that includes units not covered under the general construction permit;
or
3. The owner or operator does
not start actual construction within two (2) years of being granted coverage
under the general permit.
(H) Any owner or operator authorized by a
general construction permit may request to be excluded from the coverage of the
permit by applying for an individual permit. When an individual permit is
issued to an owner or operator otherwise subject to a general construction
permit, the applicability of the general construction permit for the emission
units covered under the general construction permit is terminated automatically
on the effective date of the individual permit.
(I) The department must maintain and make
available upon request the supporting documents used to create the general
construction permit and any other material provided during the public notice
period required under subsection (6)(B) of this rule.
(J) Final Agency Action. Issuance of a
general construction permit is considered final agency action with respect to
all aspects of the permit except its applicability to an individual source. The
sole issue that may be appealed after an individual source is approved to
construct under a general construction permit is the applicability of the
permit to that particular source.
(7) Nonattainment Area Major Permits.
(A) Definitions. Solely for the purposes of
this section, the following definitions apply to terms in place of definitions
for which the term is defined elsewhere, including the reference to
40 CFR
52.21 in paragraph (7)(B)6. of this rule:
1. Chemical process plant-These plants
include ethanol production facilities that produce ethanol by natural
fermentation included in North American Industry Classification System codes
325193 or 312140; and
2. The
following terms defined under paragraphs (a)(1)(iv) through (vi) and (x) of
40 CFR
51.165
promulgated as of July 1, 2018, are hereby incorporated by reference in this
section, as published by the Office of the Federal Register. Copies can be
obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street N W,
Washington, DC 20401. This rule does not incorporate any subsequent amendments
or additions:
A. Major stationary
source;
B. Major modification,
except that any incorporated provisions that are stayed shall not apply. The
term major, as used in this definition, means major for the nonattain-ment
pollutant;
C. Net emissions
increase; and
D.
Significant.
(B) Applicability Procedures. The following
provisions of this subsection are used to determine, prior to beginning actual
construction, if a project is a new major stationary source or a major
modification at an existing stationary source:
1. Except for sources with a PA L in
compliance with subsection (7)(D) of this rule, and in accordance with the
definition of the term major modification contained in subparagraph (7)(A)2.B.
of this rule, a project is a major modification if it causes two (2) types of
emissions increases for the nonattainment pollutant-a significant emissions
increase and a significant net emissions increase. The project is not a major
modification if it does not cause a significant emissions increase. If the
project causes a significant emissions increase, then the project is a major
modification only if it also results in a significant net emissions
increase;
2. The emissions increase
from the project is determined by taking the sum of the emissions increases
from each emissions unit affected by the project. An emissions unit is
considered to be affected by the project if an emissions increase from the unit
would occur as a result of the project, regardless of whether a physical change
or change in the method of operation will occur at the particular emissions
unit;
3. For each existing
emissions unit affected by the project, the emissions increase is determined by
taking the difference between the projected actual emissions for the completed
project and the baseline actual emissions. In accordance with the definition of
the term projected actual emissions under
40 CFR
52.21 as incorporated by reference in
subsection (8)(A) of this rule, the owner or operator of the major stationary
source may elect to use the existing emission unit's potential to emit in lieu
of the projected actual emissions for this calculation;
4. For each new emissions unit affected by
the project, the emissions increase is equal to the potential to
emit;
5. The procedure for
calculating the net emissions increase (the significance of which is the second
criterion for determining if a project is a major modification) is contained in
the definition of the term net emissions increase found in section (2) of this
rule; and
6. The provisions of
subsection (7)(B) of this rule do not apply to a source or modification that
would be a major stationary source or major modification only if fugitive
emissions, to the extent quantifiable, are considered in calculating the
potential to emit of the stationary source or modification, and the source does
not belong to one (1) of the source categories listed in items
(i)(1)(vii)(a)-(aa) of
40 CFR
52.21, which is incorporated by reference in
subsection (8)(A) of this rule.
(C) Permit Requirements. Permits to construct
a new major stationary source for the nonattainment pollutants, or for a major
modification to an existing major stationary source of nonattainment
pollutants, must meet the following to be issued:
1. By the time the source is to commence
operation, sufficient emissions offsets shall be obtained to ensure reasonable
further progress toward attainment of the applicable NAAQS and consistent with
the requirements of paragraphs (a)(3) and (a)(9) of
40 CFR
51.165
promulgated as of July 1, 2018, and hereby incorporated by reference in this
section, as published by the Office of the Federal Register. Copies can be
obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW,
Washington, DC 20401. This rule does not incorporate any subsequent amendments
or additions;
2. In the case of a
new or modified installation located in a zone (within the nonattainment area)
identified by the administrator, in consultation with the Secretary of Housing
and Urban Development, as a zone for which economic development should be
targeted, emissions of that pollutant resulting from the proposed new or
modified installation will not cause or contribute to emissions levels
exceeding the allowance permitted for that pollutant for that zone from new or
modified installations;
3. Offsets
have been obtained in accordance with paragraph (7)(C)1. and with the banking
procedures in
10 CSR 10-6.410;
4. The administrator has not determined that
the state implementation plan is not being adequately implemented for the
nonat-tainment area in which the proposed source is to be constructed or
modified;
5. Temporary installation
and portable sources are exempt from this section provided that the source
applies best available control technology (BACT ) for each pollutant emitted in
a significant amount;
6. The
applicant provides documentation establishing that all installations in
Missouri, which are owned or operated by the applicant, (or by any entity
controlling, controlled by, or under common control with the applicant) are
subject to emission limitations and are in compliance, or are on a schedule for
compliance, with all applicable requirements;
7. Permit applications include a control
technology evaluation to demonstrate that any new major stationary source or
major modification will meet the lowest achievable emission rate (LAER) for all
new or modified emission units, unless otherwise provided in this
section;
8. Any new major
stationary source or major modification to be constructed in an area designated
nonattainment complies with LAER as determined by the director and set forth in
the construction permit pursuant to this section, except where otherwise
provided in this section;
9. The
applicant provides an alternate site analysis; and
10. The applicant provides an analysis of
impairment to visibility in any Class I area (those designated in
40 CFR
52.21 as incorporated by reference in
subsection (8)(A) 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.
(D)
Plantwide Applicability Limits (PALs). The provisions of subsection (aa) of
40 CFR
52.21, which is incorporated by reference in
subsection (8)(A) of this rule, govern PALs of the nonattainment pollutant for
projects at existing major stationary sources in an area designated
nonattainment, except that-
1. The term
Administrator means the director of the Missouri Department of Natural
Resources' Air Pollution Control Program;
2. The term BACT or LAER and the term BACT
are both considered LAER for the nonattainment pollutant;
3. The term PSD program, as it appears in
40 CFR
52.21(aa)(1)(ii)(b), and the
term major NSR program, as it appears in 52.21(aa)(1)(ii)(c), are both
nonattainment area permit programs of this section; and
4. The director shall not allow a PA L for
VOC or NOx for any existing major stationary source
located in an extreme ozone nonattainment area.
(E) Reporting and Record Keeping. This
subsection applies to projects at existing major stationary sources, without a
PAL, which are exempt from the permit requirements of subsection (7)(C) of this
rule as a result of the applicability determination made in subsection (7)(B)
of this rule. The owner or operator of such sources shall comply, in regards to
the nonattainment pollutant, with the provisions of paragraph (r)(6) of
40 CFR
52.21, which is incorporated by reference in
subsection (8)(A) of this rule, except that the term Administrator means the
director of the Missouri Department of Natural Resources' Air Pollution Control
Program.
(F) Any construction or
modification that will impact a federal Class I area is subject to the
provisions of
40 CFR
52.21 as incorporated by reference in
subsection (8)(A) of this rule.
(G)
Before issuing a permit subject to this section, the permitting authority will
issue a draft permit and related materials for public comment in accordance
with the procedures for public participation as specified in subsection
(12)(A), Appendix A of this rule.
(H) The director of the Missouri Department
of Natural Resources' Air Pollution Control Program shall transmit to the
administrator of the U.S. Environmental Protection Agency a copy of each permit
application filed under section (7) of this rule and notify the administrator
of each significant action taken on the application.
(8) Attainment and Unclassified Area Major
Permits.
(A) All of the subsections of
40 CFR
52.21, other than (a) Plan disapproval, (q)
Public participation, (s) Environmental impact statements, and (u) Delegation
of authority, promulgated as of July 1, 2018, are hereby incorporated by
reference in this rule, as published by the Office of the Federal Register.
Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N.
Capitol Street N W, Washington, DC 20401. This rule does not incorporate any
subsequent amendments or additions.
(B) Administrator as it appears in
40 CFR
52.21 means the director of the Missouri
Department of Natural Resources' Air Pollution Control Program except in the
following, where it refers to the administrator of the EPA:
1. (b)(17) Federally enforceable;
2. (b)(37)(i) Repowering;
3. (b)(43) Prevention of Significant
Deterioration (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; and
10. (t) Disputed
permits or redesignations.
(C) Before issuing a permit subject to this
section, the permitting authority will issue a draft permit and related
materials for public comment in accordance with the procedures for public
participation as specified in subsection (12)(A), Appendix A of this
rule.
(D) The director of the
Missouri Department of Natural Resources' Air Pollution Control Program shall
transmit to the administrator of the U.S. Environmental Protection Agency a
copy of each permit application filed under section (8) of this rule and notify
the administrator of each significant action taken on the
application.
(E) Applicants must
obtain emission reductions, obtained through binding agreement prior to
commencing operations and subject to
10 CSR
10-6.410, equal to and of a comparable air quality
impact to the new or increased emissions in the following circumstances when
the:
1. Area has no increment available;
or
2. Proposal will consume more
increment than is available.
(9) Major Case-by-Case Hazardous Air
Pollutant Permits. Case-by-case permits must meet the requirements of 40 CFR
63, subpart B promulgated as of July 1, 2018, and hereby incorporated by
reference in this rule, as published by the Office of the Federal Register.
Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N.
Capitol Street N W, Washington, DC 20401. This rule does not incorporate any
subsequent amendments or additions. Before issuing a permit subject to this
section, the permitting authority will issue a draft permit and related
materials for public comment in accordance with the procedures for public
participation as specified in subsection (12)(A), Appendix A of this
rule.
(10) Temporary Operations and
Pilot Trials.
(A) A temporary permit shall be
issued pursuant to this section only if it is determined that the applicant
meets the following criteria:
1. The duration
of the temporary operation or pilot trial will be less than two (2)
years;
2. The potential emissions
from the construction or modification of an installation or source is less than
one hundred (100) tons per year; and
3. The permitting authority receives the
application for authority to construct prior to the start of the
construction.
(B) The
pilot trials covered by this section do not include pilot trials used for any
of the following:
1. The production of a
product for sale, unless such sale is only incidental to the use of the pilot
process or process equipment; or
2.
The treatment or disposal of waste that is designated, by listing or specified
characteristic, as hazardous under federal regulations or state
rules.
(C) This section
of this rule does not apply to facilities or sources whose main operations are:
1. Experimental in nature; or
2. Characterized by frequent product
changes.
(D) The director
may require an air quality analysis of the temporary operation or pilot trial
if it is likely that the emissions of the proposed construction or modification
will affect air quality or the air quality standards listed in paragraphs
(3)(I)3. through 6. of this rule or complaints filed in the vicinity of the
proposed construction or modification warrant an air quality
analysis.
(11) Permit
Amendments to Final Permits.
(A) No changes in
the proposed installation or modification may be made that would change any
information in a finalized permit, except in accordance with this
section.
(B) If the requested
change will result in increased emissions, air quality impact, or increment
consumption, and is submitted after the final notice of permit processing fee
due, a new permit application is required for the requested change.
(C) Applicants with changes shall submit in
writing a request for permit amendment to the permitting authority.
(D) The amendment request, at minimum, shall
include the following:
1. A detailed
description of the proposed changes;
2. Any changes to the emission
calculations;
3. Any new
requirements that will apply if the change occurs;
4. A list of permit terms and conditions that
differ from those in the previous permit or application; and
5. Any other information under section (3) of
this rule required by the permitting authority.
(E) Administrative Amendments.
1. For the purposes of this section,
administrative amendments are those requested changes meeting any of the
following criteria:
A. Correction to
typographical errors;
B. Addition
of or changes to the language for the sole purpose of clarification of permit
language; or
C. Changes to
frequency of monitoring, recordkeeping, or reporting.
2. The permitting authority will make a final
determination for an administrative amendment request no later than thirty (30)
calendar days after receipt of a written request, taking into account any
additional time necessary for missing information or public notice, if
applicable.
(F) Technical
Amendments.
1. All other amendments involving
changes to a permit will be considered technical amendments. Changes may
include, but are not limited to, the following:
A. Any proposed change to an existing process
or device resulting in any change in allowable hourly or annual
emissions;
B. Any proposed change
to operating or emission limitations;
C. Any proposed change in the type of
pollution control equipment specified in the existing permit; or
D. Any proposed change resulting in the need
to conduct a new air pollution modeling impact analysis.
2. The permitting authority will make a final
determination for a technical amendment request in the same timeframe as listed
in subsection (3)(F) of this rule for the section that the permit was initially
issued under, taking into account any additional time necessary for missing
information. Amendments to permits issued under section (5) of this rule will
be issued no later than ninety (90) calendar days after receipt of a written
request and amendments to permits issued under section (7), (8), or (9) of this
rule will be issued no later than one hundred eighty four (184) calendar days
after written receipt of a request.
(G) Any new submittal is subject to all
requirements of this rule.
(H) The
applicant must submit the accrued permit processing fee from the original
application to the permitting authority before the permitting authority will
accept an amendment request.
(I)
Amended permit fees are subject to the requirements of paragraph (3)(H)9. of
this rule.
(12)
Appendices.
(A) Appendix A, Public
Participation.
1. This subsection shall apply
to applications under sections (7), (8), and (9) of this rule, applications for
source operations or installations emitting five (5) or more tons of lead per
year, and applications containing GEP stack height demonstrations that exceed
GEP.
2. For those applications
subject to section (7), (8), or (9) of this rule, the permit issuance process
timeline of one hundred eighty-four (184) days includes a forty (40)-day public
comment period with an opportunity for a public hearing and the period for the
permitting authority's response to comments that were submitted during the
public comment period.
A. Draft for public
comment and public hearing opportunity. The permitting authority shall issue a
draft permit and solicit comments and requests for a public hearing by
publishing a notice in a newspaper of general circulation within or nearest to
the county in which the project is proposed to be constructed or operated. In
lieu of the newspaper notice, the notice may be an electronic notice posted on
the department's website.
B. Public
notice. The public notice shall include the following:
(I) Name, address, phone number, and
representative of the agency issuing the public notice;
(II) Name and address of the
applicant;
(III) A description of
the proposed project, including its location and permits applied for;
(IV) For permits issued pursuant to section
(7), a description of the amount and location of emission reductions that will
offset the emissions increase from the new or modified source; and include
information on how LAER was determined for the project, when
appropriate;
(V) For permits issued
pursuant to section (8), the degree of increment consumption, when
appropriate;
(VI) The permitting
authority's draft permit and a statement of permitting's authority to approve,
approve with conditions, or deny a permit;
(VII) A statement that the public may request
a public hearing on the draft permit as stated in subparagraph (12)(A)2.E. of
this rule and that the public hearing will be canceled if a request is not
received;
(VIII) A statement that
any interested person may submit relevant information materials and views on
the draft permit as stated in subparagraph (12)(A)2.F. of this; and
(IX) The time and location of the public
hearing if one is requested.
C. Materials made available during the public
notice period. The following materials shall be made available for public
inspection during the entire public notice period at the Department of Natural
Resources regional office in the region in which the proposed installation or
major modification would be constructed, as well as at the Air Pollution
Control Program office:
(I) A copy of
materials submitted by the applicant and used in making the draft
permit;
(II) A copy of the draft
permit; and
(III) A copy or summary
of other materials, if any, considered in making the draft permit.
D. Distribution of public notice.
At the start of the public notice period, the permitting authority sends a copy
of the public notice to the following:
(I) The
applicant; and
(II) To officials
and agencies having cognizance over the location where the proposed
construction would occur as follows:
(a) The
administrator;
(b) Local air
pollution control agencies;
(c) The
chief executive of the city and county where the installation or modification
would be located;
(d) Any
comprehensive regional land use planning agency;
(e) Any state air program permitting
authority;
(f) Any Federal Land
Manager whose lands may be affected by emissions from the installation or
modification; and
(g) Any Indian
Governing Body whose lands may be affected by emissions from the installation
or modification.
E. Public hearing.
(I) A public hearing shall be scheduled not
less than thirty (30) nor more than forty (40) days from the date of
publication of the notice.
(II) The
public hearing will be held by the department if a public hearing request is
received within twenty-eight (28) days of the publication of the notice,
otherwise the public hearing will be canceled.
(III) At the public hearing, any interested
person may submit any relevant information, materials, and views in support of
or opposed to the permit.
(IV) The
public hearing shall be held in the county in which all or a major part of the
proposed project is to be located.
(V) The permitting authority may designate
another person to conduct any hearing under this section.
F. Public comment. Any interested person may
submit relevant information materials and views to the permitting authority, in
writing, until the end of the fortieth day after the date of publication of the
notice for public hearing.
G.
Public comment and applicant response. The permitting authority shall consider
all written comments submitted within the time specified in the public notice
and all comments received at the public hearing, if one is held, in making a
final decision on the approvability of the application. No later than ten (10)
days after the close of the public comment period, the applicant may submit a
written response to any comments submitted by the public. The permitting
authority shall consider the applicant's response in making a final decision.
The permitting authority shall make all comments available for public
inspection in the same locations where the permitting authority made available
prehearing information relating to the proposed installation or modification.
Further, the permitting authority shall prepare a written response to all
comments under the purview of the Air Pollution Control Program and make them
available at the locations referred to previously.
H. Final permit. The permitting authority
shall make the final permit available for public inspection at the same
locations where the permitting authority made available prehearing information
and public comments relating to the installation or modification. The
permitting authority shall submit a copy of this final permit to the
administrator.
I. Public notice
exception. If the administrator has provided public notice and opportunity for
public comment and hearing equivalent to that provided by this subsection, the
permitting authority may make a final determination without providing public
notice and opportunity for public comment and hearing required by this
subsection.
3. This
paragraph is for those applications not subject to section (7), (8), or (9) of
this rule, but which propose an emission of five (5) or more tons of lead per
year or applications containing GEP stack height demonstrations. For these
applications, completing the final determination within ninety (90) calendar
days after receipt of the complete application involves performing the same
public participation activities as those subject to section (7), (8), or (9) of
this rule, but within shorter time frames. The following specifies the new time
frames:
A. Public notice shall begin no later
than forty-five (45) calendar days after receipt of a complete
application;
B. The public comment
period will last for thirty (30) calendar days, starting with the public
notice;
C. Public hearing-The
public hearing will be scheduled between days twenty-three (23) and thirty
(30). The permitting authority will accept comments up to the thirtieth day;
and
D. Applicant response-No later
than five (5) calendar days after the end of the public comment period, the
applicant may submit a written response to any comments
submitted.
(B)
Appendix B, Unified Review. When the construction or modification and operation
of any installation requires a construction permit under this rule, and an
operating permit or its amendment, under
10 CSR
10-6.065, the installation will receive a unified
construction and operating permit, or its amendment, and a unified review,
hearing, and approval process, unless the applicant requests in writing that
the application for a construction and operating permit, or its amendment, be
reviewed separately. Under this unified review process, the applicant shall
submit all the applications, forms, and other information required by the
permitting authority.
1. Review of
applications. The permitting authority completes any unified review within one
hundred eighty-four (184) calendar days, as provided under the procedures of
this rule and
10 CSR 10-6.065, Operating
Permits Required.
2. Issuance of
permits. As soon as the unified review process is completed, if the applicant
complies with all applicable requirements under this rule and
10 CSR
10-6.065, the construction permit and the operating
permit, or its amendment, is issued to the applicant and the applicant may
commence construction. The permitting authority will retain the operating
permit until validated pursuant to this section.
3. Validation of operating permits. Within
one hundred eighty (180) calendar days after commencing operation, the holder
of an operating permit, or its amendment, issued by the unified review process
shall submit to the permitting authority all information required by the
permitting authority to demonstrate compliance with the terms and conditions of
the issued operating permit, or its amendment. The permittee shall also provide
information identifying any applicable requirements that became applicable
subsequent to issuance of the operating permit. Within thirty (30) calendar
days after the applicant's request for validation, the permitting authority
will take action denying or approving validation of the issued operating
permit, or its amendment. If the permittee demonstrates compliance with both
the construction and operating permits, or its amendment, the permitting
authority validates the operating permit, or its amendment, and forwards it to
the permittee. No part 70 permit will be validated unless-
A. At the time of validation, the permitting
authority certifies that the issued permit contains all applicable
requirements; or
B. The procedures
for permit renewal in
10 CSR
10-6.065(6)(E) 3. have occurred prior
to validation to ensure the inclusion of any new applicable requirements to
which the part 70 permit is subject.
4. Additional procedures needed for unified
reviews of this rule's section (4), (5), (6), (7), (8), (9), or (10) unified
review construction permit applications and part 70 operating permit
applications.
A. Permit review by the
administrator and affected states.
(I)
Administrator review.
(a) Copies of
applications, proposals, and final actions. The applicant will provide two (2)
copies of the information included in an application. The permitting authority
will forward to the administrator one (1) copy of each permit application and
each final operating permit.
(b)
Administrator's objection. No permit shall be issued under this rule if the
administrator objects to its issuance in writing within forty-five (45) days
after receipt of the proposed permit and all necessary supporting
information.
(c) Failure to respond
to objection. If the permitting authority does not respond to an objection of
the administrator by transmitting a revised proposed permit within ninety (90)
calendar days after receipt of that objection, the administrator may issue or
deny the permit in accordance with the CAA .
(d) Public petitions for objection. If the
administrator does not object to a proposed permit action, any person may
petition the administrator to make such an objection within sixty (60) days
after expiration of the administrator's forty-five (45)-day review period.
I. This petition may only be based on
objections raised during the public review process, unless the petitioner
demonstrates that it was impracticable to raise objection during the public
review period (including when the grounds for objection arose after that
period).
II. If the administrator
responds to a petition filed under this section by issuing an objection, the
permitting authority will not issue the permit until the objection has been
resolved. If the permit was issued after the administrator's forty-five
(45)-day review period, and prior to any objection by the administrator, the
permitting authority shall treat that objection as if the administrator were
reopening the permit for cause. In these circumstances, the petition to the
administrator does not stay the effectiveness of the issued permit, and the
permittee shall not be in violation of the requirement to have submitted a
complete and timely permit application.
(II) Affected state review.
(a) Notice of draft actions. The permitting
authority will give notice of each draft permit to any affected state on or
before the time that the permitting authority provides notice to the public.
Affected states may comment on the draft permit action during the period
allowed for public comment, as shall be set forth in a notice to affected
states.
(b) Refusal to accept
recommendations. If the permitting authority refuses to accept all
recommendations for a proposed permit action that any affected state has
submitted during the review period, the permitting authority shall notify the
administrator and the affected state in writing of its reasons for not
accepting those recommendations.
B. Proposals for review. Following the end of
the public comment period, the permitting authority shall prepare and submit to
the administrator a proposed permit.
(I) The
proposed permit shall be issued no later than forty-five (45) days after the
deadline for final action under this section and shall contain all applicable
requirements that have been promulgated and made applicable to the installation
as of the date of issuance of the draft permit.
(II) If new requirements are promulgated or
otherwise become newly applicable to the installation following the issuance of
the draft permit, but before issuance of a final permit, the permitting
authority may elect to either-
(a) Extend or
reopen the public comment period to solicit comments on additional draft permit
provisions to implement the new requirements; or
(b) If the permitting authority determines
that this extension or reopening of the public comment period would delay
issuance of the permit unduly, the permitting authority may include in the
proposed or final permit, or both, a provision stating that the operating
permit will be reopened immediately to incorporate the new requirements and
stating that the new requirements are excluded from the protection of the
permit shield. If the permitting authority elects to issue the proposed or
final permit, or both, without incorporating the new requirements, the
permitting authority, within thirty (30) calendar days after the new
requirements become applicable to the source, shall institute proceedings
pursuant to this section to reopen the permit to incorporate the new
requirements. These reopening proceedings may be instituted, but need not be
completed, before issuance of the final permit.
C. Action following the administrator's
review.
(I) Upon receipt of notice that the
administrator will not object to a proposed permit that has been submitted for
the administrator's review pursuant to this section, the permitting authority
shall issue the permit as soon as practicable, but in no event later than the
fifth day following receipt of the notice from the administrator.
(II) Forty-five (45) days after transmittal
of a proposed permit for the administrator's review, and if the administrator
has not notified the permitting authority that s/he objects to the proposed
permit action, the permitting authority shall promptly issue the permit, but in
no event later than the fiftieth day following transmittal to the
administrator.
(III) If the
administrator objects to the proposed permit, the permitting authority shall
consult with the administrator and the applicant, and shall submit a revised
proposal to the administrator within ninety (90) calendar days after the date
of the administrator's objection. If the permitting authority does not revise
the permit, the permitting authority will so inform the administrator within
ninety (90) calendar days following the date of the objection and decline to
make those revisions. If the administrator disagrees with the permitting
authority, the administrator may issue the permit with the revisions
incorporated.
(C) Appendix C, Increment Tracking.
1. The permitting authority will track
ambient air increment consumption within the baseline areas.
2. Available increment will be allocated on a
first-come, first-serve basis. The marked received date of a complete
application will be used by the permitting authority to determine which
applicant is entitled to prior allocation of increments.
3. At the intervals of five (5) years from
the minor source baseline date, the permitting authority shall determine the
actual air quality increment available or consumed for each baseline
area.
Notes
10 CSR
10-6.060
AUTHORITY: section
643.050,
RSMo Supp. 2012.* Original rule filed Dec. 10, 1979, effective April 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 May 11 , 1985. Amended: Filed
Jan. 6, 1986, effective May 11 , 1986. Amended: Filed April 2, 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.
Rescinded and readopted: Filed Sept. 2, 1993, effective May 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 May 30, 2002. Amended: Filed Aug.
2, 2002, effective April 30, 2003. Amended: Filed March 5, 2003, effective Oct.
30, 2003. Amended: Filed May 17, 2004, effective Dec. 30, 2004. Amended: Filed
Oct. 15, 2008, effective July 30, 2009. Emergency amendment filed Dec. 15,
2010, effective Jan. 3, 2011 , expired July 1, 2011 . Amended: Filed Nov. 30,
2010, effective Aug. 30, 2011 . Amended: Filed Jan. 31, 2012, effective Sept.
30, 2012. Amended: Filed March 13, 2013, effective Oct. 30, 2013.
Amended by
Missouri
Register February 1, 2016/Volume 41, Number 03, effective
3/31/2016
Amended by
Missouri
Register February 1, 2019/Volume 44, Number 3, effective
4/1/2019
Amended by
Missouri
Register April 15, 2020/Volume 45, Number 8, effective
5/31/2020
*Original authority: 643.050, RSMo 1965, amended 1972,
1992, 1993, 1995, 2011 .