Compliance Monitoring Usage

PURPOSE: This rule is necessary to meet the federal Clean Air Act requirements for alternate compliance certification methods and to enhance the enforceability of the state implementation plan. This rule does this by establishing a methodology for identifying acceptable testing, monitoring, or information. (1) Applicability. This regulation applies to air pollution sources throughout Missouri. (2) Definitions. (Not Applicable) (3) General Provisions. (A) Compliance Certifications. Regardless of any other provision in any plan approved by the administrator, for the purpose of submission of compliance certificates the owner or operator may use the following in addition to any specified compliance methods: 1. Monitoring methods outlined in 40 CFR 64 promulgated as of July 1, 2018 is hereby incorporated by reference as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions; 2. Monitoring method(s) approved for the source pursuant to 10 CSR 10-6.065 Operating Permits, and incorporated into an operating permit; and 3. Any other monitoring methods approved by the director. (B) Enforcement. Regardless of any other provision in the state implementation plan, any credible evidence may be used for the purpose of establishing whether a source or facility has violated or is in violation of any such plan or other applicable requirement. Information from the use of the following methods is presumptively credible evidence of whether a violation has occurred at a source: 1. Monitoring methods outlined in 40 CFR 64, as incorporated by reference in paragraph (3)(A)1. of this rule. 2. A monitoring method approved for the source pursuant to 10 CSR 10-6.065 Operating Permits, and incorporated into an operating permit; and 3. Compliance test methods specified in this rule cited as the authority for the emission limitations. (4) Reporting and Record Keeping. (Not Applicable) (5) Test Methods. The following testing, monitoring, or information gathering methods are presumptively credible testing, monitoring, or information gathering methods: (A) Applicable monitoring or testing methods, cited in: 10 CSR 10-6.030 Sampling Methods for Air Pollution Sources; 10 CSR 10-6.040 Reference Methods; 10 CSR 10-6.070 New Source Performance Standards; 10 CSR 10-6.075 Maximum Achievable Control Technology Regulations; and 10 CSR 10-6.080 Emission Standards for Hazardous Air Pollutants; or (B) Other testing, monitoring, or information gathering methods, if approved by the director, that produce information comparable to that produced by any method in subsection (3) (B) or subsection (5)(A). AUTHORITY: section 643.050, RSMo 2016.* Original rule filed June 2, 1994, effective Dec. 30, 1994. Amended: Filed July 12, 2001, effective March 30, 2002. Amended: Filed May 9, 2018, effective Feb. 28, 2019. *Original authority: 643.050, RSMo, 1965, amended 1972, 1992, 1993, 1995, 2011.