10 CSR 10-6.374
Cross-State Air Pollution Rule NOx Ozone Season Group 2 Trading Program
PURPOSE: The purpose of this rule is to have Missouri responsible
for the Cross-State Air Pollution Rule (CSAPR) Nitrogen Oxide
(NOx) Ozone Season Group 2 Trading Program rather than the U.S.
Environmental Protection Agency. This rule makes no changes
to the federal process to allocate allowances to affected units in
Missouri for compliance with the CSAPR NOx Ozone Season Group
2 Trading Program. The evidence supporting the need for this
rule, per section 536.016, RSMo, is the February 8, 2018 affected
industry meeting summary.
PUBLISHER’S NOTE: The secretary of state has determined that the
publication of the entire text of the material which 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.
RESOURCES
(A) Unless otherwise noted in subsection (1)(B) of this rule, the
provisions of 40 CFR 97.802 through 40 CFR 97.835 promulgated
as of July 1, 2018 are 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.
(B) Exceptions to subsection (1)(A) of this rule are as follows:
1. Any of the requirements imposed on any unit in Indian
country within the borders of any state in the provisions of 40
CFR 97.802 through 40 CFR 97.835;
2. 40 CFR 97.811(b)(2);
3. 40 CFR 97.811(c)(5)(iii);
4. 40 CFR 97.812(b);
5. 40 CFR 97.821(h); and
6. 40 CFR 97.821(j).
(2) Definitions.
(A) Definitions for key words and phrases used in this
rule may be found in 40 CFR 97.802 and 40 CFR 97.803 as
incorporated by reference in subsection (1)(A) of this rule.
(B) Definitions of certain terms specified in this rule, other
than those defined in this rule section, may be found in 10 CSR
10-6.020.
(3) General Provisions. The general provisions for the CrossState Air Pollution Rule (CSAPR) Nitrogen Oxide (NOx) Ozone
Season Group 2 Trading Program may be found in 40 CFR
97.804 through 40 CFR 97.828 as incorporated by reference in
subsection (1)(A) of this rule.
(4) Reporting and Record Keeping. The monitoring, reporting,
and record keeping provisions of the CSAPR NOx Ozone
Season Group 2 Trading Program may be found in 40 CFR
97.830 through 40 CFR 97.835 as incorporated by reference in
subsection (1)(A) of this rule.
(5) Test Methods. (Not Applicable).
AUTHORITY: section 643.050, RSMo 2016.* Original rule filed May
15, 2015, effective Dec. 30, 2015. Amended: Filed June 21, 2018,
effective March 30, 2019.
*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.