10 CSR 10-6.060
Construction Permits Required
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 the
permitting authority to issue general permits; permit fees; and
public notice requirements for certain permits.
PUBLISHER’S NOTE: The secretary of state has determined that
publication of the entire text of the material that is incorporated
by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this
rule shall be maintained by the agency at its headquarters and
shall be made available to the public for inspection and copying
at no more than the actual cost of reproduction. This note applies
only to the reference material. The entire text of the rule is printed
here.
(1) Applicability.
(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) 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;
2. Construction or modification is permitted under 10 CSR
10-6.062; or
3. Original construction or modification occurred prior to
May 13, 1982. Any construction or modification that occurs after
this date is not exempt.
(C) Construction and Operation Prohibited Prior to Permit
ting. Owners or operators shall obtain a permit from the per
mitting authority, except as allowed under subsection (1)(D) 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 perma
nently shutdown.
(D) Construction Allowed Prior to Permitting. A Pre-Con
struction 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) Adverse impact on visibility—The visibility impairment
which interferes with the protection, preservation, manage
ment, or enjoyment of the visitor’s visual experience of a Class
I area, which is an area designated as Class I in paragraph (5)
(F)5. Table 2. of this rule. This determination must be made on
a case-by-case basis taking into account the geographic extent,
intensity, duration, frequency, and time of visibility impair
ments and how these factors correlate with the times of visitor
use of the Class I area and the frequency and timing of natural
conditions that reduce visibility.
(D) Affected states—All states contiguous to the permitting
state whose air quality may be affected by the permit, permit
modification, or permit renewal, or is within fifty (50) miles of
a source subject to permitting under Title V of the Clean Air
Act (CAA).
(E) 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.
(F) Ambient air increments—The limited increases of
pollutant concentrations in ambient air over the baseline
concentration.
(G) Baseline area—The continuous area in which the source
constructs, as well as those portions of the intrastate area which
are not part of a nonattainment area, and which would receive
an air quality impact equal to or greater than one microgram
per cubic meter (1 μg/m3) annual average (established by
modeling) for each pollutant for which an installation receives
a permit under section (8) of this rule and for which increments
have been established in subsection (11)(A) of this rule. Each
of these areas are references to the standard United States
Geological Survey (USGS) County-Township-Range-Section
system. The smallest unit of area for which a baseline date will
be set is one (1) section (one (1) square mile).
(H) Baseline concentration—That ambient concentration
level which exists at locations of anticipated maximum air
quality impact or increment consumption within a baseline
area at the time of the applicable baseline date, minus
any contribution from installations, modifications, and major
modifications subject to section (8) of this rule or subject to
40 CFR 52.21 on which construction commenced on or after
January 6, 1975, for sulfur dioxide and particulate matter,
and February 8, 1988, for nitrogen dioxide. The baseline
concentration shall include contributions from—
1. The actual emissions of other installations in existence
on the applicable baseline date; and
2. The potential emissions of installations and major
modifications which commenced construction before January
6, 1975, but were not in operation by the applicable baseline
date.
(I) Baseline date—The date, for each baseline area, of the first
complete application after August 7, 1977, for sulfur dioxide
and particulate matter, and February 8, 1988, for nitrogen
dioxide for a permit to construct and operate an installation
subject to section (8) of this rule or subject to 40 CFR 52.21.
(J) Best available control technology (BACT)—An emission
limitation (including a visible emission limit) based on the
maximum degree of reduction for each pollutant which
would be emitted from any proposed installation or major
modification which the director on a case-by-case basis,
taking into account energy, environmental and economic
impacts, and other costs, determines is achievable for the
installation or major modification through application of
RESOURCES
production processes or available methods, systems, and
techniques, including fuel cleaning or treatment or innovative
fuel combustion techniques for control of the pollutant. In
no event shall application of BACT result in emissions of any
pollutant which would exceed the emissions allowed by any
applicable emissions control regulation, including New Source
Performance Standards established in 10 CSR 10-6.070 and
40 CFR 60 and National Emissions Standards for Hazardous
Air Pollutants established in 10 CSR 10-6.080 and 40 CFR 61.
If the director determines that technological or economic
limitations on the application of measurement methodology
to a particular source operation would make the imposition of
an emission limitation infeasible, a design, equipment, work
practice, operational standard, or combination of these may
be prescribed instead to require the application of BACT. This
standard, to the degree possible, shall set forth the emission
reduction achievable by implementation of the design,
equipment, work practice, or operation and shall provide for
compliance by means which achieve equivalent results.
(K) Commence operation—Initially set into operation air
pollution control equipment or process equipment.
(L) Control device—Any equipment that reduces the quantity
of a pollutant that is emitted to the air. The device may destroy
or secure the pollutant for subsequent recovery. Includes but is
not limited to incinerators, carbon adsorbers, and condensers.
(M) Control device efficiency—The ratio of the pollution
released by a control device and the pollution introduced to
the control device, expressed as a fraction.
(N) Draft permit—The version of a permit for which the
permitting authority offers public participation or affected
state review.
(O) 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.
(P) 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.
(Q) Excessive concentration—
1. For installations seeking credit for reduced ambient
pollutant concentrations from stack height exceeding
that defined in subsection (2)(S) of this rule, an excessive
concentration is a maximum ground-level concentration due
to emissions from a stack due in whole or part to downwash,
wakes, or eddy effects produced by nearby structures or
nearby terrain features which are at least forty percent (40%)
in excess of the maximum concentration experienced in
the absence of the downwash, wakes, or eddy effects, and
that contributes to a total concentration due to emissions
from all installations that is greater than an ambient air
quality standard. For installations subject to the prevention
of significant deterioration program as set forth in section (8)
of this rule, an excessive concentration means a maximum
ground-level concentration due to emissions from a stack due
to the same conditions as mentioned previously and is greater
than a prevention of significant deterioration increment. The
allowable emission rate to be used in making demonstrations
under this definition shall be prescribed by the new source
performance regulation as referenced by 10 CSR 10-6.070 for
the source category unless the owner or operator demonstrates
that this emission rate is infeasible. Where demonstrations are
approved by the director, an alternative emission rate shall be
established in consultation with the source owner or operator;
2. For installations seeking credit after October 11, 1983,
for increases in stack heights up to the heights established
under subsection (2)(S) of this rule, an excessive concentration
is either—
A. A maximum ground-level concentration due in whole
or part to downwash, wakes, or eddy effects as provided in 10
CSR 10-6.020(2)(E)20.A., except that the emission rate used shall
be the applicable emission limitation (or, in the absence of this
limit, the actual emission rate); or
B. The actual presence of a local nuisance caused by the
stack, as determined by the director; and
3. For installations seeking credit after January 12, 1979,
for a stack height determined under subsection (2)(S) of this
rule where the director requires the use of a field study of
fluid model to verify good engineering practice stack height,
for installations seeking stack height credit after November 9,
1984, based on the aerodynamic influence of cooling towers,
and for installations seeking stack height credit after December
31, 1970, based on the aerodynamic influence of structures not
represented adequately by the equations in subsection (2)(S) of
this rule, a maximum ground-level concentration due in whole
or part to downwash, wakes, or eddy effects that is at least
forty percent (40%) in excess of the maximum concentration
experienced in the absence of downwash, wakes, or eddy
effects.
(R) Final permit—The version of a construction permit issued
by the permitting authority that has completed all review
procedures.
(S) 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 groundlevel 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.
(T) Incinerator—Any article, machine, equipment, contriv
ance, structure, or part of a structure used to burn refuse or to
process refuse material by burning other than by open burning.
(U) Lowest achievable emission rate (LAER)—That rate of
emissions which reflects—
1. The most stringent emission limitation which is con
tained in any state implementation plan for a class or category
of source, unless the owner or operator of the proposed source
demonstrates that the limitations are not achievable; or
2. The most stringent emission limitation which is achieved
in practice by the class or category of source, whichever is
more stringent. LAER shall not be less stringent than the new
source performance standard limit.
(V) Material safety data sheet (MSDS)—The chemical, phys
ical, technical, and safety information document supplied by
the manufacturer of the coating, solvent, or other chemical
product.
(W) 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.
(X) Nearby—Nearby, as used in the definition good
engineering practice (GEP) stack height in subsection (2)(S) of
this rule, is defined for a specific structure or terrain feature—
1. For purposes of applying the formula provided in
subsection (2)(S) of this rule, nearby means that distance up to
five (5) times the lesser of the height or the width dimension of
a structure, but not greater than one-half (1/2) mile; and
2. For conducting fluid modeling or field study demonstra
tions under 10 CSR 10-6.020(2)(G)7.C., nearby means not greater
than one-half (1/2) mile, except that the portion of a terrain
feature may be considered to be nearby which falls within a
distance of up to ten (10) times the maximum height of the
feature, not to exceed two (2) miles if feature achieves a height
one-half (1/2) mile from the stack that is at least forty percent
(40%) of the GEP stack height determined by the formula pro
vided in subsection (2)(S) of this rule, or twenty-six meters (26
m), whichever is greater, as measured from the ground-level
elevation at the base of the stack. The height of the structure
or terrain feature is measured from the ground-level elevation
at the base of the stack.
(Y) Net emissions increase—This term is defined in 40
CFR 52.21(b)(3), promulgated as of July 1, 2003, and hereby
incorporated by reference in this rule, as published by the
Office of the Federal Register, U.S. National Archives and
Records, 700 Pennsylvania Avenue NW, Washington, DC 20408.
This rule does not incorporate any subsequent amendments or
additions.
(Z) 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 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.
(AA) 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 NOx 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.
(BB) 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.
(CC) 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.
(DD) Pollutant—An air contaminant listed in subsection (3)
(A) of 10 CSR 10-6.020.
(EE) Portable equipment—Any equipment that is designed
and maintained to be movable, primarily for use in noncontin
uous operations. Portable equipment includes rock crushers,
asphaltic concrete plants, and concrete batching plants.
(FF) 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 inter
vening relocation.
(GG) Refuse—Garbage, rubbish, trade wastes, leaves, salvage
able material, agricultural wastes, or other wastes.
(HH) Regulated air pollutant—All air pollutants or precursors
for which any standard has been promulgated.
(II) 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.
(JJ) 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.
(KK) Shutdown—The cessation of operation of any air
pollution control equipment or process equipment.
(LL) Shutdown, permanent—See permanently shutdown.
(MM) Start-up—The setting into operation of any air pollution
control equipment or process equipment, except the routine
phasing in of process equipment.
(NN) 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 applica
tion package for permit applicants.
2. The permitting authority requires the following infor
mation in the standard application package and supplemental
RESOURCES
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 prod
ucts and the four- (4-) digit Standard Industrial Classification
Code; and
D. The following emissions-related information:
(I) A description of the new construction or modifica
tion 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 effi
ciencies 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 Appli
cation.
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 follow
ing 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, draw
ings, 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 require
ment. 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 lim
itations 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 construc
tion 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 10 CSR 10-6.025(3).
(D) Completeness Review of Application. Review of applica
tions 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 applicant
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; and
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. Less stringent conditions shall not take the place of
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; and
4. Time frames 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. Construction permit fees are listed in 10 CSR 106.025(3).
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 10 CSR 10-6.025(3).
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
10 CSR 10-6.025(3).
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 10 CSR
10-6.025(3) 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. 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 to the date when
the permit will become invalid. The request shall include the
reason for the extension request and a verification statement
RESOURCES
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; and
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 Reloca
tions.
(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.
(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 10 CSR 10-6.025(3); and
C. The permitting authority shall make the final deter
mination 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; and
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 coverage 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 com
plete an air quality analysis for the affected pollutant in ac
cordance 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. Envi
ronmental 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 sub
section (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 attain
ment or unclassified area. Table 2 is located in paragraph (5)
(F)5. of this rule.
5. Table 2—Ambient Air Increment Table.
Maximum Allowable
Pollutant
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 twentyfive (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 per
mitting 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,
RESOURCES
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; and
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 limita
tions;
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 per
mitting 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 per
mitting 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 Program’s
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 fermenta
tion 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,
2023, are hereby incorporated by reference in this section of
this rule, except as stated in subparagraph (7)(A)2.D. of this
rule, as published by the Office of the Federal Register. Copies
can be obtained from the U.S. Government Publishing Office at
https://bookstore.gpo.gov/ or for mail orders, print and fill out
an order form online and mail to U.S. Government Publishing
Office, PO Box 979050, St. Louis, MO 63197-9000. 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 nonattainment
pollutant;
C. Net emissions increase; and
D. Significant, except that paragraphs 40 CFR 51.165(a)(1)
(x)(B) and (C) are replaced by the definitions of “significant” in
paragraphs (7)(I)1. and (7)(I)2. of this rule.
(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 PAL 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, suffi
cient 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, 2023, 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. Government Publishing Office at https://bookstore.gpo.
gov/ or for mail orders, print and fill out an order form online
and mail to U.S. Government Publishing Office, PO Box 979050,
St. Louis, MO 63197-9000. 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;
RESOURCES
4. The administrator has not determined that the state
implementation plan is not being adequately implemented for
the nonattainment 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 that 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 modi
fication 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 PAL for VOC or NOx for any
existing major stationary source located in an extreme ozone
nonattainment area.
(E) Reporting and Recordkeeping. 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 EPA 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.
(I) In an area classified as serious or severe nonattainment
for an Ozone National Ambient Air Quality Standard, the
definition of “significant” as it appears in paragraphs 40 CFR
51.165(a)(1)(x)(B) and (C), regarding volatile organic compounds
and nitrogen oxides, respectively, shall be replaced with the
definitions of “significant” in paragraphs (7)(I)1. and (7)(I)2. of
this rule, respectively.
1. Significant: Notwithstanding the significant emissions
rate for ozone in 40 CFR 51.165(a)(1)(x)(A), significant means, in
reference to an emissions increase or a net emissions increase,
any increase in actual emissions of volatile organic compounds
that would result from any physical change in, or change in
the method of operation of, a major stationary source if such
emissions increase of volatile organic compounds exceeds
twenty-five (25) tons per year when aggregated with all other
net increases in emissions from the source over any period of
five (5) consecutive calendar years which includes the calendar
year in which such increase occurred. The five (5) consecutive
year period used to make this determination will start no
earlier than the effective date of the serious classification or
reclassification for the ozone nonattainment area in which the
source is located. Notwithstanding the preceding sentence,
if the nonattainment area is initially classified or reclassified
as a severe ozone nonattainment area from any classification
other than serious, the five (5) consecutive year period used to
make this determination will start no earlier than the effective
date of the severe classification or reclassification for the ozone
nonattainment area in which the source is located.
2. Significant: Notwithstanding the significant emissions
rate for ozone in 40 CFR 51.165(a)(1)(x)(A), significant means,
in reference to an emissions increase or a net emissions
increase, any increase in actual emissions of nitrogen oxides
that would result from any physical change in, or change in
the method of operation of, a major stationary source if such
emissions increase of nitrogen oxides exceeds twenty-five (25)
tons per year when aggregated with all other net increases
in emissions from the source over any period of five (5)
consecutive calendar years which includes the calendar year
in which such increase occurred. The five (5) consecutive year
period used to make this determination starts no earlier than
the effective date of the serious classification or reclassification
for the ozone nonattainment area in which the source is
located. Notwithstanding the preceding sentence, if the
nonattainment area is initially classified or reclassified as a
severe ozone nonattainment area from any classification other
than serious, the five (5) consecutive year period used to make
this determination will start no earlier than the effective date
of the severe classification or reclassification for the ozone
nonattainment area in which the source is located.
(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, 2023, 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. Government Publishing Office at https://
bookstore.gpo.gov/ or for mail orders, print and fill out an order
form online and mail to U.S. Government Publishing Office, PO
Box 979050, St. Louis, MO 63197-9000. This rule does not incor
porate 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 EPA 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. Caseby-case permits must meet the requirements of 40 CFR 63,
subpart B promulgated as of July 1, 2023, and hereby incor
porated by reference in this rule, as published by the Office
of the Federal Register. Copies can be obtained from the U.S.
Government Publishing Office at https://bookstore.gpo.gov/ or
for mail orders, print and fill out an order form online and mail
to U.S. Government Publishing Office, PO Box 979050, St. Louis,
MO 63197-9000. 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 subsec
tion (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 amend
ments are those requested changes meeting any of the follow
ing 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
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conduct a new air pollution modeling impact analysis.
2. The permitting authority will make a final determi
nation for a technical amendment request in the same time
frame 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. Amend
ments 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
10 CSR 10-6.025(3).
(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 rule; 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 106.065(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
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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 increments 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.
AUTHORITY: sections 643.050 and 643.079, RSMo Supp. 2025.*
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: Filed Aug.
17, 2015, effective March 30, 2016. Amended: Filed June 29, 2018,
effective March 30, 2019. Amended: Filed Aug. 26, 2019, effective
May 30, 2020. ** Amended: Filed June 13, 2024, effective Feb. 28,
2025. Amended: Filed Nov. 13, 2025, effective July 30, 2026.
*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022,
and 643.079, RSMo 1992, amended 2005, 2007, 2011, 2013, 2014, 2022, 2023.
**Pursuant to Executive Order 21-07, 10 CSR 10-6.060, paragraph (3)(H)5. was suspended from April
19, 2021 through June 30, 2021.