10 CSR 10-6.062 - Construction Permits By Rule
PURPOSE: This rule creates a process by which sources can be exempt from 10 CSR 10-6.060 Construction Permits Required, by establishing conditions under which specific sources can construct and operate. The purpose of this amendment is to amend paragraph (3)(B)2. and subparagraph (3)(B)2.A. to remove provision allowing the burning of illegal and waste pharmaceutical drugs in crematories and animal incinerators, and change a reference made to another state rule. The Environmental Protection Agency (EPA) finalized a rule, Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (84 Federal Register, February 22, 2019) that adds new management standards for waste pharmaceuticals. EPA's rule, 40 CFR 266 Subpart P imposes additional requirements on the disposal of waste pharmaceuticals and does not allow burning of waste pharmaceuticals from take-back programs in human and animal crematoriums. Part (3)(B)3.D(III) refers to the Screening Model Action Levels (SMALs) as being at 10 CSR 10-6.060(12)(J); however, 10 CSR 10-6.060 has recently been revised such that the SMALs are now at 10 CSR 10-6.060(5)(F) 6.A. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is an amendment to 40 CFR 266 and a Rule Comment Form.
(1) Applicability. This rule applies to
certain types of facilities or changes within facilities listed in this rule
where construction is commenced on or after the effective date of the relevant
permit-by-rule. To qualify for a permit-by-rule, the following general
requirements must be met:
(A) Any
installation undergoing activities that would otherwise be subject to section
(7), (8), or (9) of
10 CSR
10-6.060 does not qualify for permit-by-rule under
this regulation. Installations accepting the permit-by-rule emission
limitations can use those limitations to determine whether the installation is
subject to section (7), (8), or (9) of
10 CSR
10-6.060;
(B) The installation is not prohibited from
permit-by-rule by permit conditions, by settlement agreements or by official
notification from the director;
(C)
All emission control equipment associated with the permit-by-rule shall be
maintained and operated in accordance with the equipment specifications of the
manufacturer;
(D) Obtaining a
permit-by-rule under this regulation does not exempt an installation from other
applicable air pollution regulations or any local air pollution control agency
requirements; and
(E) The director
may require an air quality analysis in addition to the general requirements
listed in subsection (3)(B) of this rule if it is likely that the emissions of
the proposed construction or modification will appreciably affect air quality
or the air quality standards are being appreciably exceeded or complaints filed
in the vicinity of the proposed construction or modification warrant an air
quality analysis. The permit-by-rule may be revoked if it is determined that
emissions from the source interfere with the attainment or maintenance of
ambient air quality standards.
(2) Definitions.
(A) As applied-The volatile organic compound
(VOC) and solids content of the finishing material that is actually used for
coating the substrate. It includes the contribution of materials used for
in-house dilution of the finishing material.
(B) Closed container-A container with a cover
fastened in place so that it will not allow leakage or spilling of the
contents.
(C)
Construction-Fabricating, erecting, reconstructing, or installing a source
operation. Construction includes installation of building supports and
foundations, laying of underground pipe work, building of permanent storage
structures, and other construction activities related to the source
operation.
(D) 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.
(E) Malfunction-A sudden
and unavoidable failure of air pollution control equipment or process equipment
or of a process to operate in a normal and usual manner. Excess emissions
caused by improper design shall not be deemed a malfunction.
(F) Manure storage and application
systems-Any system that includes, but is not limited to lagoons, manure
treatment cells, earthen storage ponds, manure storage tanks, manure
stockpiles, composting areas, pits and gutters within barns, litter used in
bedding systems, all types of land application equipment, and all pipes, hoses,
pumps, and other equipment used to transfer manure.
(G) Material safety data sheet-The chemical,
physical, technical, and safety information document supplied by the
manufacturer of the coating, solvent, or other chemical product.
(H) Opacity-The extent to which airborne
material obstructs the transmission of incident light and obscures the visual
background. Opacity is stated as a percentage of light obstructed and can be
measured by a continuous opacity monitoring system or a trained observer. An
opacity of one hundred percent (100%) represents a condition in which no light
is transmitted, and the background is completely obscured.
(I) Printing-Any operation that imparts
color, images, or text onto a substrate using printing inks.
(J) Responsible official-Includes one (1) of
the following:
1. The president, secretary,
treasurer, or vice-president of a corporation in charge of a principal business
function, any other person who performs similar policy and decision-making
functions for the corporation, or a duly authorized representative of this
person if the representative is responsible for the overall operation of one
(1) or more manufacturing, production, or operating facilities applying for or
subject to a permit and either-
A. The
facilities employ more than two hundred fifty (250) persons or have a gross
annual sales or expenditures exceeding twenty-five (25) million dollars (in
second quarter 1980 dollars); or
B.
The delegation of authority to this representative is approved in advance by
the permitting authority;
2. A general partner in a partnership or the
proprietor in a sole proprietorship;
3. Either a principal executive officer or
ranking elected official in a municipality or state, federal, or other public
agency. For the purpose of this subparagraph, a principal executive officer of
a federal agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency;
or
4. The designated representative
of an affected source insofar as actions, standards, requirements, or
prohibitions under Title IV of the Act or the regulations promulgated under the
Act are concerned and the designated representative for any other purposes
under part 70.
(K)
Sludge-Any solid, semisolid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply treatment
plant, or air pollution control facility, exclusive of the treated effluent
from a wastewater treatment plant.
(L) Definitions of certain terms used in this
rule, other than those specified in this rule, may be found in
10 CSR
10-6.020.
(3) General Provisions.
(A) Registration. To qualify for a
permit-by-rule, the owner or operator must notify the Missouri Department of
Natural Resources' Air Pollution Control Program prior to commencement of
construction. This notification will establish the permit-by-rule and become
the conditions under which the facility is permitted. All representations made
in the notification regarding construction plans, operating procedures, and
maximum emission rates shall become conditions upon which the facility shall
construct or modify. If the conditions, as represented in the notification,
vary in a manner that will change the method of emission controls, the
character of the emissions, or will result in an increase of emissions, a new
notification or permit application must be prepared and submitted to the
department's Air Pollution Control Program.
1. The director shall provide a form by which
operators can submit their notifications. The notification shall include
documentation of the basis of emission estimates or activity rates and be
signed by a responsible official certifying that the information contained in
the notification is true, accurate, and complete. The expected first date of
operation shall be included in the notification.
2. The notification shall be sent to the
department's Air Pollution Control Program. Two (2) copies of the original
notification shall be made. One (1) shall be sent to the appropriate regional
office, and one (1) shall be maintained on-site and be provided immediately
upon request by inspectors.
3.
Fees. A review fee of seven hundred dollars ($700) shall accompany the
notification sent to the department's Air Pollution Control Program.
4. Upon receiving the notification, the
department shall complete a pre-construction review of the notification and
make an approval/disapproval determination within seven (7) business days. If
the notification is approved by the department, the operator may begin
construction and operation of the new source.
(B) Permit-by-Rule.
1. Printing operations. Any printing
operation (including, but not limited to, screen printers, ink-jet printers,
presses using electron beam or ultraviolet light curing, and labeling
operations) and supporting equipment (including, but not limited to, corona
treaters, curing lamps, preparation, and cleaning equipment) which operate in
compliance with the following conditions is permitted under this rule:
A. The uncontrolled emission of VOCs from
inks and solvents (including, but not limited to, those used for printing,
cleanup, or makeup) does not exceed forty (40) tons per twelve- (12-) month
period, rolled monthly, for all printing operations on the property. The
emissions shall be calculated using a material balance that assumes that all of
the VOCs in the inks and solvents used are directly emitted to the
atmosphere;
B. The uncontrolled
emission of hazardous air pollutants does not exceed ten (10) tons per twelve-
(12-) month period, rolled monthly, for all printing operations on the
property. The emissions shall be calculated using a material balance that
assumes that all hazardous air pollutants used are directly emitted to the
atmosphere;
C. Copying and
duplicating equipment employing the xerographic method are exempt from
subparagraphs (3)(B)1.D.-G. of this rule;
D. Printing presses covered by this section
do not utilize heat set, thermo set, or oven-dried inks. Heated air may be used
to shorten drying time, provided the temperature does not exceed one hundred
ninety-four degrees Fahrenheit (194°F);
E. Screen printing operations requiring
temperatures greater than one hundred ninety-four degrees Fahrenheit
(194°F) to set the ink are exempt from subparagraph (3)(B)1.D. of this
rule;
F. The facility is not
located in an ozone nonattainment area; and
G. Record keeping. The operator shall
maintain records of ink and solvent usage and shall be kept in sufficient
detail to show compliance with subparagraphs (3)(B)1.A. and 1.B. of this
rule.
2. Crematories and
animal incinerators. Any crematory or animal incinerator that is used solely
for the incineration of human remains, human pathological wastes, or animal
carcasses and operates in compliance with the following conditions is permitted
under this rule:
A. The materials to be
disposed of are limited to noninfec-tious human materials removed during
surgery, labor and delivery, autopsy, or biopsy including body parts, tissues
and fetuses, organs, bulk blood and body fluids, blood or tissue laboratory
specimens; and other noninfectious anatomical remains or animal carcasses in
whole or in part. The owner or operator shall minimize the amount of packaging
fed to the incinerator, particularly plastic containing chlorine. The
incinerators shall not be used to dispose of other non-biological medical
wastes including, but not limited to, sharps, rubber gloves, intravenous bags,
tubing, and metal parts;
B. The
manufacturer's rated capacity (burn rate) is two hundred (200) pounds per hour
or less;
C. The incinerator is a
dual-chamber design;
D. Burners are
located in each chamber, sized to manufacturer's specifications, and operated
as necessary to maintain the minimum temperature requirements of subparagraph
(3)(B)2.E. of this rule at all times when the unit is burning waste;
E. The secondary combustion chamber shall
maintain a minimum temperature and gas residence time established through
manufacturer's specification or stack test results that demonstrate a
ninety-nine point nine percent (99.9%) combustion efficiency. The temperature
shall be monitored with equipment that is accurate to plus or minus two percent
(2%) and continuously recorded. The thermocouples or radiation pyrometers shall
be fitted to the incinerator and wired into a manual reset noise alarm such
that if the temperature in either of the two (2) chambers falls below the
minimum temperature above, the alarm will sound at which time plant personnel
shall take immediate measures to either correct the problem or cease operation
of the incinerator until the problem is corrected;
F. There are no obstructions to stack flow,
such as rain caps, unless such devices are designed to automatically open when
the incinerator is operated. Properly installed and maintained spark arresters
are not considered obstructions;
G.
Each incinerator operator is trained in the incinerator operating procedures as
developed by the American Society of Mechanical Engineers (ASME), by the
incinerator manufacturer, or by a trained individual with more than one (1)
year experience in the operation of the incinerator that the trainee will be
operating. Minimum training shall include basic combustion control parameters
of the incinerator and all emergency procedures to be followed should the
incinerator malfunction or exceed operating parameters. An operator who meets
the training requirements of this condition shall be on duty and immediately
accessible during all periods of incinerator operation. The manufacturer's
operating instructions and guidelines shall be posted at the unit and the unit
shall be operated in accordance with these instructions;
H. The incinerator has an opacity of less
than ten percent (10%) at all times;
I. Heat is provided by the combustion of
natural gas, liquid petroleum gas, or Number 2 fuel oil with less than fifteen
ten thousandths percent (0.0015%) sulfur by weight, or by electric power;
and
J. Record keeping. The operator
shall maintain a log of all alarm trips and the resultant action taken. A
written certification of the appropriate training received by the operator,
with the date of training that includes a list of the instructor's
qualifications or ASME certification school shall be maintained for each
operator. The operator shall maintain an accurate record of the monthly amount
and type of waste combusted.
3. Surface coating. Any surface coating
activity or stripping facility that operates in compliance with the following
conditions is permitted under this rule:
A.
Metalizing, spraying molten metal onto a surface to form a coating, is not
permitted under this permit-by-rule. The use of coatings that contain metallic
pigments is permitted;
B. All
facilities implement good housekeeping procedures to minimize fugitive
emissions, including:
(I) Cleaning up spills
immediately;
(II) Operating booth
or work area exhaust fans when cleaning spray guns and other equipment;
and
(III) Storing new and used
coatings and solvents in closed containers and removing all waste coatings and
solvents from the site by an authorized disposal service or disposing of them
at a permitted on-site waste management facility;
C. Drying and curing ovens are either
electric or meet the following conditions:
(I)
The maximum heat input to any oven must not exceed forty (40) million British
thermal units (Btus) per hour; and
(II) Heat shall be provided by the combustion
of one (1) of the following: natural gas; liquid petroleum gas; fuel gas
containing no more than twenty (20.0) grains of total sulfur compounds
(calculated as sulfur) per one hundred (100) dry standard cubic feet; or Number
2 fuel oil with not more than fifteen ten thousandths percent (0.0015%) sulfur
by weight;
D. Emissions
are calculated using a material balance that assumes that all VOCs and
hazardous air pollutants in the paints and solvents used are directly emitted
to the atmosphere. The total uncontrolled emissions from the coating materials
(as applied) and cleanup solvents shall not exceed the following for all
operations:
(I) Forty (40) tons per twelve-
(12-) month period, rolled monthly, of VOCs for all surface coating operations
on the property;
(II) A sum of
twenty-five (25) tons per twelve- (12-) month period, rolled monthly, of all
hazardous air pollutants for all surface coating operations on the property;
and
(III) Each individual hazardous
air pollutant shall not exceed the emission threshold levels established in
10 CSR
10-6.060(5)(F) 6.A., rolled
monthly;
E. The surface
coating operations are performed indoors, in a booth, or in an enclosed work
area. The booth shall be designed to meet a minimum face velocity at the intake
opening of each booth or work area of one hundred feet (100') per minute.
Emissions shall be exhausted through elevated stacks that extend at least one
and one-half (1 1/2) times the building height above ground level. All stacks
shall discharge vertically. There shall be no obstructions to stack flow, such
as rain caps, unless such devices are designed to automatically open when
booths are operated;
F. For
spraying operations, emissions of particulate matter are controlled using
either a water wash system or a dry filter system with a ninety-five percent
(95%) removal efficiency as documented by the manufacturer. The face velocity
at the filter shall not exceed two hundred fifty feet (250') per minute or that
specified by the filter manufacturer, whichever is less. Filters shall be
replaced according to the manufacturer's schedule or whenever the pressure drop
across the filter no longer meets the manufacturer's recommendation;
G. Coating operations are conducted at least
fifty feet (50') from the property line and at least two hundred fifty feet
(250') from any recreational area, residence, or other structure not occupied
or used solely by the owner or operator of the facility or the owner of the
property upon which the facility is located;
H. The facility is not located in an ozone
nonattainment area; and
I. Record
keeping. The operator shall maintain the following records and reports:
(I) All material safety data sheets for all
coating materials and solvents;
(II) A monthly report indicating the days the
surface coating operation was in operation and the total tons emitted during
the month, and the calculation showing compliance with the rolling average
emission limits of subparagraph (3)(B)3.D. of this rule;
(III) A set of example calculations showing
the method of data reduction including units, conversion factors, assumptions,
and the basis of the assumptions; and
(IV) These reports and records shall be
immediately available for inspection at the installation.
4. Livestock markets and livestock
operations. Any livestock market or livestock operation including animal
feeding operations and concentrated animal feeding operations as those terms
are defined by
40
CFR 122.23, that was constructed after
November 30, 2003, and operates in compliance with the following conditions is
permitted under this rule. In addition, any manure storage and application
system directly associated with the livestock markets or livestock operations
such that these manure storage and application systems are operated in
compliance with the following conditions are also permitted under this rule:
A. All facilities implement the following
building cleanliness and ventilation practices:
(I) Buildings are cleaned thoroughly between
groups of animals;
(II) Manure and
spilled feed are scraped from aisles on a regular basis, at least once per
week;
(III) Ventilation fans,
louvers, and cowlings are regularly cleaned to prevent excessive buildup of
dust, dirt, or other debris that impairs performance of the ventilation
system;
(IV) Air inlets are cleaned
regularly to prevent excessive buildup of dust, dirt, or other debris that
reduces airflow through the inlets;
(V) Ceiling air inlets are adjusted to
provide adequate airflow (based on design ventilation rates) to the building
interior;
(VI) For high-rise
structures, the manure storage area includes engineered natural or mechanical
ventilation. This ventilation must be maintained and cleaned regularly to
prevent excessive buildup of dust, dirt, or other debris that impairs
performance of the ventilation system;
(VII) For deep-bedded structures, bedding
and/or litter used in the animal living area is maintained in a reasonably
clean condition. Indications that the bedding is not reasonably clean include
extensive caking, manure coating animals or birds, and the inability to
distinguish bedding material from manure. Bedding or litter with excessive
manure shall be removed and replaced with clean bedding or litter;
and
(VIII) For automatic feed
delivery systems, feed lines have drop tubes that extend into the feeder to
minimize dust generation;
B. All facilities implement the following
manure storage practices:
(I) Buildings with
flush alleys, scrapers, or manure belts are operated to remove manure on a
regular schedule, at least daily;
(II) Buildings with shallow pits, four feet
(4') deep or less, are emptied on a regular schedule, at least once every
fourteen (14) days;
(III) Feed,
other than small amounts spilled by the animals, is not disposed of in the
manure storage system;
(IV) All
lagoons are regularly monitored for solids buildup, at least once every five
(5) years. Lagoon sludge shall be removed and properly disposed of when the
sludge volume equals the designed sludge volume; and
(V) Manure compost piles or windrows are
turned or otherwise mixed regularly so that the temperature within the pile or
windrow is maintained between one hundred five degrees Fahrenheit (105°F)
and one hundred fifty degrees Fahrenheit (150°F);
C. The operator considers wind direction and
velocity when conducting surface land application, and manure is not applied
within five hundred (500') feet from a downwind inhabited residence;
D. Dead animals are not disposed of in the
manure storage system unless the system is specifically designed and managed to
allow composting of dead animals. Dead animals shall be removed from buildings
daily; and
E. Record keeping. (Not
Applicable)
Notes
*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995.
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