10 CSR 10-6.261
Control of Sulfur Dioxide Emissions
PURPOSE: This rule establishes requirements for emission units
emitting sulfur dioxide (SO2). These requirements maintain
existing SO2 regulatory requirements previously found in 10 CSR
10-6.260 that were in place prior to the establishment of the June
22, 2010, one (1)-hour SO2 National Ambient Air Quality Standards
(NAAQS). The rule consolidates, streamlines, and updates existing
regulatory requirements in accordance with 536.175, RSMo.
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. This rule applies to owners and operators of
indirect heating sources that emit sulfur dioxide (SO2) and
have a total capacity greater than three hundred fifty thousand
British thermal units (350,000 Btus) per hour actual heat input.
The following exceptions apply to any source not listed in Table
I of this rule. Upon request of the director, owners or operators
must furnish the director information to confirm that an
exception criterion is met:
(A) Individual units fueled exclusively with natural gas (as
defined in 40 CFR 72.2), liquefied petroleum gas as defined by
American Society for Testing and Materials (ASTM) Interna
tional, ultra-low sulfur distillate fuel oil with a maximum fuel
sulfur content of fifteen (15) ppm, or any combination of these
fuels, and this exception is determined by complying with the
recordkeeping requirements in subsection (4)(C) of this rule;
(B) Individual indirect heating units with a rated capacity
less than or equal to three hundred fifty thousand British
thermal units (350,000 Btus) per hour actual heat input; or
(C) Individual units subject to a more restrictive SO2 emission
limit or more restrictive fuel sulfur content limit under—
1. 10 CSR 10-6.070; or
2. Missouri’s federally approved state implementation
plan.
(2) Definitions.
(A) Indirect heating source—A source operation in which
fuel is burned for the primary purpose of producing steam,
hot water, or hot air, or other indirect heating of liquids,
gases, or solids where, in the course of doing so, the products
of combustion do not come into direct contact with process
materials.
(B) Stationary source—Any building, structure, facility, or
installation which emits or may emit any air pollutant subject to
regulation under the Clean Air Act. Building, structure, facility,
or installation includes all pollutant emitting activities that are
located on one (1) or more contiguous or adjacent properties
and are under common control of the same person(s).
(C) Definitions of certain terms specified in this rule, other
than those defined in section (2) of this rule, may be found in
(3) General Provisions.
(A) SO2 Emission Limits. Owners or operators of sources
and/or units listed in Table I of this rule must limit their SO2
emissions as specified.
RESOURCES
Table I—Sources subject to SO2 emission limits
Source
Source
ID
Emission
Limit per
Source
(Pounds SO2
per Million
Btus Actual
Heat Input)a
Averaging
Time
New Madrid
Power Plant –
Marston
1430004
10.0
3 hours
Thomas Hill
Energy Center
Power Division –
Thomas Hill
1750001
8.0
3 hours
University of
Missouri (MU) –
Columbia Power
Plant
0190004
8.0
3 hours
Doe Run
Company –
Buick Resource
Recycling
Facility
0930009
8,650 pounds
SO2 /hr
1-hour test
repeated 3
times
Ameren Missouri
– Labadie Energy
Centerb
0710003
4.8
Daily average,
00:01 to 24:00
Evergy Inc.
– Hawthorn
Generating
Stationc
0950022
0.12
excluding
periods of
startup and
shutdownd
30-day rolling
average
a Applies to indirect heating units only and applies to such units
individually.
b Applies to Boilers 1, 2, 3, and 4 only and individually.
c Applies to Boiler 5A only.
d Natural gas shall be used for startup of Hawthorn Boiler 5A.
During startup, once the unit converts to firing coal, the dry
scrubber shall be started appropriately to comply with rele
vant standard applicable during normal operation. During
shutdown, the dry scrubber shall be operated after cessation
of coal being fed in the unit for as long as possible thereafter
considering operational and safety concerns.
(B) Owners or operators of indirect heating sources with
a total capacity, excluding exempt units, greater than three
hundred fifty thousand British thermal units (350,000 Btus)
per hour actual heat input must limit their SO2 emissions as
follows:
1. For sources located in Missouri, other than in Franklin,
Jefferson, St. Louis, St. Charles Counties, or City of St. Louis, no
more than eight pounds (8 lbs.) of SO2 per million Btus actual
heat input averaged on any consecutive three- (3-) hour time
period unless that source is listed in Table I of this rule; and
2. For sources located in Franklin, Jefferson, St. Louis, St.
Charles Counties, or City of St. Louis, no more than two and
three-tenths pounds (2.3 lbs.) of SO2 per million Btus actual
heat input averaged on any consecutive three- (3-) hour time
period unless—
A. The source is listed in Table I of this rule; or
B. The source has a total rated capacity of less than two
thousand (2,000) million Btus per hour and then the following
restrictions apply.
(I) During the months of October, November,
December, January, February, and March of every year, no
person shall burn or permit the burning of any coal containing
more than two percent (2%) sulfur or of any fuel oil containing
more than two percent (2%) sulfur. Otherwise, no person shall
burn or permit the burning of any coal or fuel oil containing
more than four percent (4%) sulfur.
(II) Part (3)(B)2.B.(I) of this rule does not apply to any
source if it can be shown that emissions of SO2 from the source
into the atmosphere will not exceed two and three-tenths
pounds (2.3 lbs.) per million Btus actual heat input to the
source.
(C) Compliance Determination. Compliance must be deter
mined as follows:
1. For sources and/or units listed in Table I of this rule
already subject to an SO2 Continuous Emission Monitoring
System (CEMS) requirement, SO2 CEMS data—
A. SO2 CEMS are not required for the following cases:
(I) Units fueled exclusively by natural gas and not
using any secondary fuel; or
(II) Units fueled by natural gas and only using fuel
oil for less than forty-eight (48) hours annually and only for
qualifying situations (e.g., testing, maintenance, or operator
training). The forty-eight- (48-) hour annual limit for the use
of fuel oil as a secondary fuel does not include qualifying
curtailment events and compliance must be demonstrated
using paragraph (3)(C)2. of this rule; and
B. SO2 CEMS must follow the requirements in subsection
(5)(C) of this rule; and
2. For sources subject to subsection (3)(B) of this rule and
for sources listed in Table I of this rule not required to use SO2
CEMS for compliance—
A. Fuel delivery records;
B. Fuel sampling and analysis;
C. Performance tests;
D. Continuous emission monitoring; or
E. Other compliance methods approved by the staff
director and the U.S. Environmental Protection Agency and
incorporated into the state implementation plan.
(4) Reporting and Recordkeeping.
(A) Owners or operators of all sources subject to any require
ments in section (3) of this rule must—
1. Report any excess emissions other than startup,
shutdown, and malfunction excess emissions already required
to be reported under 10 CSR 10-6.050 to the staff director for
each calendar quarter within thirty (30) days following the end
of the quarter. In all cases, the notification must be a written
report and include, at a minimum, the following:
A. Name and location of source;
B. Name and telephone number of person responsible
for the source;
C. Identity and description of the equipment involved;
D. Time and duration of the period of SO2 excess
emissions;
E. Type of activity;
F. Estimate of the magnitude of the SO2 excess emissions
expressed in the units of the applicable emission control
regulation and the operating data and calculations used in
estimating the magnitude;
G. Measures taken to mitigate the extent and duration of
the SO2 excess emissions; and
H. Measures taken to remedy the situation which caused
the SO2 excess emissions and the measures taken or planned to
prevent the recurrence of these situations;
2. Maintain a record of any applicable data, calculations,
results, records, and reports from any SO2 emissions
performance test, SO2 continuous emission monitoring, fuel
deliveries, and/or fuel sampling tests that are necessary to
determine compliance with the requirements of this rule; and
3. Maintain a record of any applicable SO2 monitoring
data, performance evaluations, calibration checks, monitoring
system and device performance tests, and any adjustments and
maintenance performed on these systems or devices.
(B) Owners or operators of sources using fuel delivery
records for compliance must also maintain the fuel supplier
certification information to certify all fuel deliveries. Bills of
lading and/or other fuel delivery documentation containing
the following information for all fuel purchases or deliveries
are deemed acceptable to comply with the requirements of
this rule:
1. The name, address, and contact information of the fuel
supplier;
2. The type of fuel (bituminous or sub-bituminous coal,
diesel, #2 fuel oil, etc.);
3. The moisture content of the coal (if applicable);
4. The sulfur content or maximum sulfur content expressed
in percent sulfur by weight or in ppm sulfur; and
5. The heating value of the fuel.
(C) Owners or operators of sources meeting an exemption
listed in subsection (1)(A) of this rule must maintain docu
mentation of all fuels combusted in the unit(s) exempted by
subsection (1)(A) and documentation demonstrating these fuels
meet the exemption criteria in subsection (1)(A). Documenta
tion demonstrating the fuels meet the exemption criteria can
include but is not limited to fuel contracts that specify the
maximum allowable sulfur content of all fuels combusted in
the exempt unit(s).
(D) All required reports and records must be retained on-site
for a minimum of five (5) years and made available within five
(5) business days upon written or electronic request by the
director.
(E) Owners or operators of sources subject to this rule
must furnish the director all data necessary to determine
compliance status.
(5) Test Methods.
(A) Owners or operators of sources using performance tests
to demonstrate compliance with this rule must use one (1) or
more of the following 40 CFR 60 test methods as specified in
10 CSR 10-6.030(22):
1. Method 1: Sample and velocity traverses for stationary
sources;
2. Method 2: Determination of stack gas velocity and
volumetric flow rate (Type S pitot tube);
3. Method 3: Gas analysis for the determination of dry
molecular weight;
4. Method 4: Determination of moisture content in stack
gases;
5. Method 6: Determination of Sulfur Dioxide Emissions
from Stationary Sources;
6. Method 6A: Determination of Sulfur Dioxide, Moisture,
and Carbon Dioxide from Fuel Combustion Sources;
7. Method 6B: Determination of Sulfur Dioxide and Carbon
Dioxide Daily Average Emissions from Fossil Fuel Combustion
Sources;
8. Method 6C: Determination of Sulfur Dioxide Emissions
from Stationary Sources (Instrumental Analyzer Procedure);
and
9. Method 8: Determination of sulfuric acid mist and sulfur
dioxide emissions from stationary sources.
(B) For owners or operators of sources using performance
tests to demonstrate compliance with this rule, the heating
value of the fuel must be determined as specified in 10
CSR 10-6.040. The actual heat input must be determined by
multiplying the heating value of the fuel by the amount of fuel
burned during the source test period.
(C) Owners or operators of sources using SO2 CEMS for
demonstrating compliance with this rule must—
1. If SO2 CEMS is already used to satisfy other requirements
(other than only to demonstrate compliance with this rule),
continue to follow all correlating SO2 CEMS requirements; or
2. If SO2 CEMS is used only to demonstrate compliance with
this rule, the SO2 CEMS and any necessary auxiliary monitoring
equipment must follow the requirements in 40 CFR 75 and/or
40 CFR 60, Appendices B and F. 40 CFR 75 promulgated as of
June 30, 2018, hereby incorporated by reference in this rule,
as published by the Office of the Federal Register. Copies can
be obtained from the U.S. Publishing Office Bookstore, 710 N.
Capitol Street NW, Washington, DC 20401. This rule does not
incorporate any subsequent amendments or additions. 40 CFR
60, Appendices B and F are as specified in 10 CSR 10-6.030(22).
(D) Owners or operators of secondary lead smelters must
operate an SO2 CEMS as follows:
1. The SO2 CEMS must be certified by the owner or operator
in accordance with 40 CFR 60 Appendix B, Performance
Specification 2 and Section 60.13 as specified in 10 CSR 106.030(22) as is pertinent to SO2 continuous emission monitors
as adopted by reference in 10 CSR 10-6.070; and
2. The span of SO2 continuous emission monitors must
be set at an SO2 concentration of one-fifth percent (0.20%) by
volume.
(E) Owners or operators of sources using fuel sampling to
demonstrate compliance with this rule must use fuel sampling
and analysis to determine sulfur weight percent, or equivalent,
of fuel(s) used to operate fuel emission sources and/or units
regulated by this rule in accordance with 10 CSR 10-6.040.
(F) Owners or operators of sources may use an alternative test
method that provides results at least the same accuracy and
precision as the replaced method, and is approved in advance
by the staff director, the EPA, and incorporated into the state
implementation plan.
AUTHORITY: section 643.050, RSMo Supp. 2024.* Original rule
filed April 10, 2015, effective Nov. 30, 2015. Amended: Filed June
21, 2018, effective March 30, 2019. Amended: Filed Sept. 20, 2024,
effective May 30, 2025.
*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022.