Chapter 8. AIR QUALITY

§ 8-10. Review of new sources and modifications; permit for construction or major modification.

Latest version.

(a)

Applicability,

(1)

Definitions for key words or phrases used in this section may be found in section 8-2.

(2)

Covered installations/changes. This section shall apply to installations with the potential to emit any pollutant in an amount equal to or greater than the de minimis levels. This section also shall apply to changes at installations which emit less than the de minimis levels where the construction or modification itself would be subject to subsections (f), (g), (h) or (i). This section shall apply to all incinerators and asphaltic concrete plants.

(3)

Construction/operation prohibited. No owner or operator shall commence construction, modification or major modification of any installation subject to this section, begin operation after that construction, modification or major modification, or begin operation of any installation which has been shut down longer than five (5) years without first obtaining a permit from the director under this section.

(4)

Exempt emission units.

The following combustion equipment is exempt from the requirements of this section if the equipment emits only combustion products, and the equipment produces less than 150 pounds per day of any air contaminant:

Any combustion equipment using exclusively natural or liquefied petroleum gas or any combination of these with a capacity of less than ten million British Thermal Units (BTUs) per hour heat input; or

Any combustion equipment with a capacity of less than one million BTU's per hour heat input.

(5)

Other exemptions.

The following establishments, systems, equipment and operations are also exempt from this section:

Office and commercial buildings, where emissions result solely from space heating by natural or liquefied petroleum gas of less than 20 million BTU's per hour heat input. Incinerators operated in conjunction with these sources are not exempt;

Comfort air conditioning or comfort ventilating systems not designed or used to remove air contaminants generated by, or released from, specific units of equipment;

Equipment used for any mode of transportation;

Livestock and livestock handling systems from which the only potential air contaminant is odorous gas;

Any grain handling, storage and drying facility which:

Is in noncommercial use only, that is, used only to handle, dry or store grain produced by the owner if:

[a]

The total storage capacity does not exceed 750,000 bushels;

[b]

The grain handling capacity does not exceed 4000 bushels per hour; and

[c]

The facility is located at least 500 feet from any recreational area, residence or business not occupied or used solely by the owner; and

ii.

Is in commercial use and the total storage capacity of the new and any existing facility(ies) does not exceed 190,000 bushels;

Restaurants and other retail establishments for the purpose of preparing food for employee and guest consumption;

Sand and gravel operations that have a maximum capacity to produce less than 17.5 tons of product per hour and use only natural gas as fuel when drying;

Fugitive dust controls unless a control efficiency can be assigned to the equipment or control equipment;

Equipment or control equipment which eliminates all emissions to the ambient air;

10.

Equipment (other than anaerobic lagoons) or control equipment which emits odors unless the equipment or control equipment also emits other regulated air pollutants;

11.

Residential wood heaters, cookstoves or fireplaces;

12.

Laboratory equipment used exclusively for chemical and physical analysis or experimentation, except equipment used for controlling radioactive air contaminants;

13.

Recreational fireplaces; and

14.

Stacks or vents to prevent the escape of sewer gases through plumbing traps for systems handling domestic sewage only. Systems which include any industrial waste do not qualify for this exemption.

(6)

Excluded activities. This subsection does not apply to:

Routine maintenance, parts replacement or relocation of emissions units within the same installation which do not involve either any appreciable change either in the quality or nature, or any increase in either the potential to emit or the effect on air quality, of the emissions of any air contaminant. Solely for the purpose of illustrating this category of excluded activities without limiting the generality of the preceding liberal sentence, the following examples are given:

Replacing the bags in a baghouse;

Replacing wires, plates, rappers, controls or electric circuitry in an electrostatic precipitator which does not measurably decrease the design efficiency of the unit;

Replacement of fans, pumps or motors which does not alter the operation of a source or performance of a control device;

Boiler tubes;

Piping, hoods and ductwork;

Replacement of engines, compressors or turbines as part of a normal maintenance program.

Changes in a process or process equipment which do not involve installing, constructing or reconstructing an emissions unit or associated air cleaning devices, and that do not involve either any appreciable change either in the quality or nature, or any increase in either the potential to emit or the effect on air quality of the emissions of any air contaminant. Solely for the purpose of illustrating this category of excluded activities and without limiting the generality of the preceding liberal sentence, the following examples are given:

Change in the supplier or formulation of similar raw materials, fuels, paints and other coatings;

Change in the sequence of the process;

Change in the method of raw material addition;

Change in the method of product packaging;

Change in the process operating parameters;

Replacement of an identical or more efficient cyclone precleaner which is used as a precleaner in a fabric filter control system;

Installation of a floating roof on an open top petroleum storage tank;

Replacement of a fuel burner in a boiler with a more thermally efficient burner;

Lengthening a paint drying oven to provide additional curing time; or

10.

Changes in the location, within the storage area, or configuration of a material storage pile or material handling equipment.

Replacement of like-kind emission units that do not involve either any appreciable change either in the quality or nature, or any increase either in the potential to emit or the effect on air quality, of the emissions of any air contaminant.

The excluded activities in subsections 8-10(a)(5)a. through c. reflect a presumption that existing emissions units which are changed or replaced by like-kind units shall be treated as having begun normal operation for purpose of the definition of actual emissions in section 8-2.

(7)

Exceptions to excluded activities. The exclusion provisions of subsection 8-10(a)(5)a. through c. notwithstanding, this subsection shall apply to any construction, reconstruction, alteration or modification which:

Is expressly required by an operating permit; or

Is subject to federally-mandated construction permitting requirements set forth in subsections 8-10(g), (h) or (i), or any combination of these, of this subsection.

(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 section 8-11, the installation shall 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 construction and operating permit, or its amendment, applications 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 shall complete any unified review within 184 days, as provided under the procedures of this section and section 8-11, operating permits required.

(2)

Issuance of permits. As soon as the unified review process is completed, if the applicant comply with all applicable requirements under this section and section 8-11, the construction permit and the operating permit, or its amendment, shall be issued to the applicant and the applicant may commence construction. The operating permit shall be retained by the permitting authority until validated pursuant to this section.

(3)

Validation and operating permits. Within 180 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 them and conditions of the issued operating permit, or its amendment. The permittee shall also provide information identifying any applicable requirements which became applicable subsequent to issuance of the operating permit, or its amendment. If the permittee demonstrates compliance with both the construction and operating permits, or its amendment, the permitting authority shall validate the operating permit, or its amendment, and forward it to the permittee. No part 70 permit will be validated unless:

At the time of validation, the permitting authority certifies that the issued permit contains all applicable requirements; or

The procedures for permit renewal in section 8-11(f)(5)c. have occurred prior to validation to insure the inclusion of any new applicable requirements to which the part 70 permit is subject.

(c)

Temporary installations and pilot plants permits. Temporary installations and pilot plants having potential emissions under 100 tons of each pollutant may be exempted from any of the requirements of this section by the director provided that these exemptions are requested in writing prior to the start of construction. These exemptions shall be granted only when the attainment or maintenance of ambient air quality standards are not threatened, the impact on any class I area will not be significant and when the imposition of such requirements would be unreasonable.

(d)

Portable equipment permits. Portable equipment must meet the following criteria:

(1)

The potential emissions are under 100 tons per year of any air pollutant;

(2)

The equipment was permitted previously under either subsection (e), (f), (g) or (h) and the previous permit is still valid;

(3)

The equipment is operated and maintained in a manner identical to that specified in the currently valid permit; and

(4)

The following conditions must be met when permitted portable equipment is to be operated at a different location:

When the owner or operator wishes to operate the portable equipment at a new location not previously permitted or at a location where other sources (either permanent or portable) are operating, the owner or operator shall submit to the director a portable source relocation request, property boundary plot plan and the equipment layout for the site. A relocation request is subject to the fees and the time frames specified in this subsection, except for the permit filing fee. The relocation request will be approved if it is determined that there will be no significant impact on any class I area or an area where air quality increments have been consumed. The director shall make the final determination and, if appropriate, approve the relocation request no later than 21 calendar days after receipt of the completed portable source relocation request;

When the owner or operator wishes to relocate the portable equipment to a site that is listed on the permit or on the amended permit (provided other sources are not approved to operate at the same location), the owner or operator shall report the move to the director on a portable source relocation request for authorization to operate in the new locale as soon as possible, but not later than seven calendar days prior to ground breaking or initial equipment erection. No fees are associated with this authorization. Authorization will be presumed if notification of denial is not received by the specified ground breaking or equipment erection date; and

The equipment shall be operated at each new location no more than 24 consecutive months without an intervening relocation.

(e)

De minimis permits.

(1)

Any construction or modification at an installation subject to this section which results in a net emissions increase below the de minimis levels of subsection (k)(5) shall be exempt from the further requirements of this section, provided the owner or operator of the source applies for, and the director issues a de minimis permit for that installation.

(2)

This de minimis permit shall be issued and remain in effect only if all of the following conditions are met:

The director is notified in writing of the proposed construction or modification prior to the commencement of construction;

Information is submitted to the director which is sufficient for the director to veri tie annual emission rate, to verify that no applicable emission control regulations will be violated, and to verify that the net emission increase of the installation is below the de minimis levels established in subsection (k)(5);

Net emissions do not increase above the de minimis levels established in subsection (k)(5) at an installation having a de minimis permit under this subsection. If net emissions at the installation do increase above the de minimis levels in subsection (k)(1), the installation shall be in violation of this section until it obtains a permit under the other requirements of this section;

All permit fees are paid.

(3)

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 issued for those batch-type production processes which frequently change products and component source operations. Operating in violation of the conditions of a special case de minimis permit shall be a violation of this section.

(f)

General permit requirements for construction or emission increases greater than de minimis levels.

(1)

A permit shall be issued pursuant to this section only if it is determined that the proposed source operation or installation:

Will not violate any of the provisions of this section;

Will not interfere with the attainment or maintenance of ambient air quality standards;

Will not cause or contribute to ambient air concentrations in excess of any applicable maximum allowable increase listed in subsection (k)(1) over the baseline concentration in any attainment or unclassified area;

Will not violate any applicable emission control regulations; and

Will not cause an adverse impact on visibility in any Class I area (Those designated in paragraph (1)(9)c.).

(2)

In order for the director to make this determination:

Each applicant shall complete and submit application forms supplied by the director. These forms shall consist of a "Permit To Construct" and an "Emissions Inventory Questionaire" for the proposed change or modification. Both forms shall be completed such that all information necessary for processing the permit is supplied.

Each applicant shall send to the director as part of the application: site information; plans; descriptions; specifications; and drawings showing the design of the installation, the nature and amount of emissions of each pollutant, and the manner in which it will be operated and controlled.

The applicant of a proposed source operation, a modification, or an installation, with potential to annually emit 50 tons or more of particulate matter or sulfur dioxide, shall supply ambient air quality modeling data for the pollutant to determine the air quality impact of the installation. The modeling techniques to be used are as specified in the environmental protection agency's (EPA) "Guideline on Air Quality Models," (revised July 1986) (EPA 450/2-78-027R) and supplement A (July 1987) or another model which the director deems accurate. Temporary installations and portable equipment shall be exempt from this requirement provided that the source shall apply best available control technology (BACT) for each pollutant emitted in a significant amount.

The applicant shall furnish any additional information, plans, specifications, evidence, documentation, modeling or monitoring data that the director may require to complete the review under this subsection.

The applicant shall submit fees for the filing and processing of their permit application. The amount of the fee will be determined from section 8-20. Failure to submit the requisite fee within the time period specified in subsections (l)(1) and (2) shall be grounds for denial of the permit.

In addition to review fees as determined from section 8-20, the applicant shall pay for any publication of notice required by this subsection, and shall pay for the original and one copy of the transcript, to be filed with the director, of any hearing required under this subsection. Notwithstanding the deadline for final permit determination by the director under this subsection, no permit shall be issued until all publication and transcript costs have been paid.

(3)

The review of each permit shall be accomplished within the procedures allowed under subsection (l)(1) and, if applicable, the procedures of subsection (l)(2).

(4)

Special considerations for stack heights and dispersion techniques.

The degree of emission limitation required for control of any air pollutant under this rule shall not be affected in any manner by:

So much of the stack height of any installation as exceeds good engineering practice (GEP) stack height; or

Any other dispersion technique.

Paragraph (f)(4)a. of this rule shall 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.

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 must provide opportunity for a public hearing on it.

This paragraph does not require that actual stack height or the use of any dispersion technique be restricted in any manner.

(5)

After a permit has been granted, the owner or operator shall furnish the director the following written notifications:

A notification of the anticipated date of initial start-up of the source operation or installation not more than 60 days or less than 30 days prior to such date; and

A notification of the actual date of initial start-up of a source operation or installation within 15 days after such date.

(6)

A permit may be revoked if construction or modification work is not begun within two years from the date of issuance, or if work is suspended for one year, and:

Such delay was reasonably foreseeable by the owner or operator at the time the permit was issued;

The delay was not due to an act of God or other conditions beyond the control of the owner or operator; or

Failure to revoke the permit would be unfair to other potential applicants.

(7)

Any owner or operator who constructs, modifies or operates an installation not in accordance with the application submitted and permit issued, including any terms and conditions made a part of such permit, or any owner or operator of an installation who commences construction, or modification, after the effective date of this section without meeting the requirements of this section, is in violation of this section.

(8)

Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of this section and any other requirements under local, state or federal law.

(9)

The director may require monitoring of visibility in any class I area near the new installation or major modification for these purposes and by such means as the director deems necessary and appropriate.

(g)

Nonattainment area permits.

(1)

Exemptions. Installations and modifications which have the potential to emit 100 tons or more solely because fugitive emissions are counted when calculating potential to emit are exempt from the requirements of this subsection, provided that the installations are not named in subsection (k)(6).

(2)

A permit for the construction or major modification of an installation with the potential to emit the nonattainment pollutant in amounts equal to or greater than the de minimis levels; for an installation or modification with the potential to emit 100 tons or more or other nonattainment pollutant; or for a major modification of an installation with the potential to emit 100 tons or more of the nonattainment pollutant, shall not be issued unless the following requirements, in addition to section (f) are met:

By the time the source is to commence operation, sufficient offsetting emissions reductions have been obtained, such that, the total allowable emissions from existing sources in the nonattainment area, from new or modified sources which are not major emitting facilities, and from existing sources prior to the application for that permit to construct or modify represents annual incremental reductions in emissions of the nonattainment pollutant as are required to ensure attainment of the applicable national ambient air quality standards by the applicable date;

In the case of a new or modified installation which is 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 to 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 which exceed the allowance permitted for that pollutant for that zone from new or modified installations;

Offsets have been obtained in accordance with the offset and banking procedures in subsection (l)(3) and (4) of this section;

The administrator has not determined that the state implementation plan is not being adequately implemented for the nonattainment area in which the proper source is to be constructed or modified; and

Temporary installation and portable sources shall be exempt from this section provided that the source applies BACT for each pollutant emitted in a significant amount.

(3)

A permit for construction or major modification of an installation with potential to annually emit annually 100 tons or more of a nonattainment pollutant, or a permit for a modification with potential to annually emit 100 tons or more of a nonattainment pollutant, shall not be issued unless the following requirements, in addition to those of subsection (f) are met:

The applicant must provide documentation establishing that all installations in Missouri which are owned or operated by the applicant (or by any entity controlling, controlled by, or under common control with the applicant) are in compliance, or on a schedule for compliance, with all applicable requirements; and

The applicant shall document that the provisions in its application for the installation and operation of pollution control equipment or processes will meet the lowest achievable emission rate (LAER) for the nonattainment pollutant. Temporary installations and portable equipment shall be exempt from LAER, provided the installation applies BACT for each pollutant emitted in a significant amount.

For phased construction projects, the determination of LAER shall be reviewed and modified as appropriate at the latest reasonable time prior to commencement of construction of each independent phase of construction.

The applicant must provide an alternate analysis; and

The applicant shall provide an analysis of impairment to visibility in any class I area (those designated in subsection (l)(9) of this section) that would occur as a result of the installation or major modification and as a result of the general, commercial, residential, industrial and other growth associated with the installation or major modification.

(4)

Any construction or modification that will impact a federal class I area shall be subject to the provisions of subsection (l)(8) of this section.

(5)

NOx requirements. For the purposed of section (8), any significant increase due to the levels of emissions of oxides of nitrogen, shall be considered significant for ozone. Any installation with the potential to emit 100 tons per year of oxides of nitrogen located within an area which is nonattainment for ozone, must comply with the specific permit requirements of the nonattainment provisions of subsection (g) and with subsection (h) for any significant increase due to the levels of emissions of oxides of nitrogen.

(h)

Attainment and unclassified area permits.

(1)

Applicability:

Permit applicants for construction, or major modification, of installations which are named in subsection (k)(6) and have potentials to annually emit 100 tons or more of any pollutant shall adhere to the requirements of this subsection, in addition to the requirements of subsection (f).

Permit applicants for construction or modifications with potential to annually emit 100 tons or more of any pollutant at an installation named in subsection (k)(6), shall comply with the requirements of this subsection, in addition to the requirements of subsection (f).

Permit applicants for construction, or major modification, of installations which have potentials to annually emit 250 tons or more of any pollutant shall comply with the requirements of this subsection, in addition to the requirements of subsection (f), unless the potential annual emissions would be less than 250 tons if fugitive emissions were not counted in calculating the potential to emit, and the installation is not in a category named in subsection (k)(6); and

Permit applicants for construction or modifications with potential to annually emit 250 tons or more of any pollutant shall comply with the requirements of this subsection, in addition to the requirements of subsection (f), unless the potential annual emission increase would be less than 250 tons if fugitive emissions were not counted in calculating the increase in potential emissions, and the modification is not in an installation in a category named in subsection (k)(6).

(2)

Control technology:

An installation to which this subsection applies shall apply best available control technology (BACT) for each pollutant that it would emit in a significant amount;

The requirement for best available control technology in the case of a major modification shall apply to the physical change(s), or change(s) in the method of operation, contained in the permit application that brings the installation's net emissions increase to the significant level.

For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the latest reasonable time prior to commencement of construction of each independent phase of construction; and

An owner or operator of an installation to which this subsection applies may employ a system of innovative control technology if the procedures are followed as specified in subsection (l)(5).

(3)

Air quality impacts:

Preapplication modeling and monitoring.

Any permit application for an installation to which this subsection applies shall contain an analysis of ambient air quality or ambient concentrations in the area the installation would significantly impact for each pollutant specified in subsection (k)(5), which the installation would emit in significant amounts; the analysis shall follow the guidelines of subsection (l)(6).

The analysis required under this subsection shall include continuous air quality monitoring data for any pollutant, except VOC, emitted by the installation for which an ambient air quality standard exists. The owner or operator of a proposed installation or major modification emitting VOC who satisfies all the conditions of 40 CFR part 51, Appendix S, Section IV.A. may provide post-construction monitoring data for ozone in lieu of providing preconstruction data for ozone.

The continuous air monitoring data required in this subsection shall relate to, and have been gathered over a period of one year and shall representative of the year preceding receipt of the complete application, unless the director determines that a complete and adequate analysis may be accomplished in a shorter period (but not to be less than four months). "Continuous," as used in this subsection, refers to frequency of monitoring operation as required by 40 CFR 58, Appendix B;

For pollutants emitted in a significant amount for which no ambient air quality standards exist, the analysis required under this subsection shall contain whatever air quality monitoring data the director determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would effect.

Operation of monitoring stations. The owner or operator shall meet the requirements of Appendix B in 40 CFR part 58 during the operation of monitoring stations for the purposes of paragraph (h)(3)a. or (h)(3)g. of this subsection at the time the station is put into operation.

Modeling. The owner or operator of the installation to which this subsection applies shall provide modeling data, following the requirements of subsection (l)(6). This modeling data must demonstrate that potential and secondary emission increases from the installation, in conjunction with all other applicable emissions increases or reductions in the baseline area since the baseline date, will not cause or contribute to ambient air concentrations in excess of any ambient air quality standard, or any applicable maximum allowable increase over the baseline concentration in any area, in the amounts as listed in subsection (k)(1). The director will track the consumption of allowable increment, in accordance with subsection (l)(7).

Emission reactions. The applicant must show that it has obtained emission reductions of a comparable air quality impact for the nonattainment pollutant, if its planned emissions of the pollutant will affect a nonattainment area in excess of the air quality impact for that pollutant listed in subsection (k)(4). Such reductions shall be obtained through binding agreement prior to the commencement of operations of the installation or major modification and shall be subject to the offset conditions set forth in subsection (l)(3).

Impact on visibility. The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the installation or major modification and general commercial, residential, industrial, and other growth associated with the installation, or major modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.

Projected air quality impacts. The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential and industrial growth, as well as growth associated with the installation or major modification. This analysis shall follow the requirements of subsection (l)(6).

Post-construction monitoring. The owner or operator of an installation to which this subsection applies shall, after construction of the installation or major modification, conduct such ambient monitoring as the director determines may be necessary to determine the effect that emissions from the installation or major modification may have, or are having, on air quality in any area.

(4)

Exemptions.

The requirements of subsection (h)(3) shall not apply, unless otherwise determined to be needed by the director, to an installation with respect to a particular pollutant if:

The increase in potential emissions of that pollutant from the installation would impact no class I area and no area where an applicable increment is known to be violated; and

The duration of the emissions of the pollutant will not exceed two years.

The requirements of subsection (h)(3) as they relate to any maximum allowable increase for a class II area shall not apply, unless otherwise determined to be needed by the director, if:

A major modification of an installation which was in existence on March 1, 1978;

Any such increase would not cause or contribute to an ambient air quality standard being exceeded; and

The net increase in allowable emissions of each air pollutant after the application of best available control technology would be less than 50 tons per year.

The requirements of subsection (h)(4)c. shall not apply, if the ambient air quality effect is less than the air quality impact of subsection (k)(6) or if the pollutant is not listed in subsection (k)(6), unless otherwise determined to be needed by the permitting authority. The ambient air quality impact must be determined using either of the following methods:

The screening technique set forth in "Guidelines for Air Quality Maintenance and Planning Analysis" Vol. Ill (Revised); "Procedures for Evaluating Air Quality Impact of New Stationary Sources" (October 1977), U.S. EPA, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711; or

A more sophisticated modeling technique as indicated in subsection (l)(6).

(5)

Modifications in class I areas. Any construction or modification that will impact a federal class I area shall be subject to the provisions of subsection (l)(6).

(6)

Offsets. Applicants must obtain emission reductions, obtained through binding agreement prior to commencing operations and subject to subsection (l)(3), of this section, equal to and of a comparable air quality impact to the new or increased, emissions in the following circumstances when the:

Area has no increment available; or

Proposal will consume more increment than is available.

(i)

Hazardous air pollutant permits. This subsection will be subject of later rule making related to the promulgation of federal regulations. The rule making will be completed within one year of submittal of 10 CSR 10-6.065 operating permits, to the administrator.

(j)

Amending a final permit.

(1)

No changes in the proposed installation or modification may be made which would change any information in a finalized permit, except in accordance with this subsection.

(2)

If an applicant desires to make the change, the applicant shall submit in writing a request to the director that the permit be amended.

(3)

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. The new application, to the maximum extent possible, should reference those portions of the original application that are unchanged. This new submittal will be subject to all requirements of this section. The accrued permit processing fee from the original application must be submitted to the director before the new permit application can be accepted.

(4)

If the requested change will not result in increased emissions, air quality impact, or increment consumption, the original permit application shall be amended and the permit shall be modified pursuant to the amended application within 30 calendar days of receipt of the written request. The fee for this type of change will be subject to the requirements of section 8-20.

(k)

Tables.

(1)

Table 1, Ambient Air Increment Table:

Class I Areas

Pollutant		Maximum Allowable Increase (µg/m )
Total Suspended Particulate:
	Annual geometric mean	5
	24-hour maximum	10
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

Pollutant		Maximum Allowable Increase (µg/m )
Total Suspended Particulate:
	Annual geometric mean	19
	24-hour maximum	37
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

Pollutant		Maximum Allowable Increase (µg/m )
Total Suspended Particulate:
	Annual geometric mean	37
	24-hour maximum	75
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

Note: For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period once per year at any one location.

(2)

Table 2, De Minimis Ambient Air Quality Impacts:

Pollutant	Air Quality Impact (µg/m )
Carbon monoxide	575, 8-hour average
Nitrogen dioxide	14, annual
Total suspended particulate	10, 24-hour
Particulate matter 10 micron	10, 24-hour
Sulfur dioxide	13, 24-hour
Ozone	**
Lead	0.1, 3 month
Mercury	0.25, 24-hour
Beryllium	0.001, 24-hour
Fluorides	0.25, 24-hour
Vinyl chloride	15, 24-hour
Total reduced sulfur	10, 1-hour
Hydrogen sulfide	0.2, 1-hour
Reduced sulfur compounds	10, 1-hour

**No de minimis air quality level is provided for ozone. However, any potential net increase of 100 tons per year, or more, of volatile organic compounds subject to subsection (h) will require an ambient impact analysis, including the gathering of ambient air quality data.

(3)

Table 3, Guidelines for Valid Data, Total Suspended Particulate/Particulate Matter 10 Micron

Time Period	Minimum Requirement for Validity
Month	2, 24-hour samples
Quarter	10, 24-hour samples and 3 valid months
Year	45, 24-hour samples and 4 valid quarters

Continuously Monitored Data

Time Period	Minimum Requirement for Validity
3-hour running average	3 consecutive hourly observations
8-hour running average	6 hourly observations
24-hour average (daily)	18 hourly observations
Monthly	21 daily averages
Quarterly	3 consecutive monthly averages
Yearly	11 monthly averages

Quarter is defined as calendar quarter.

Year is defined as four consecutive calendar quarters.

(4)

Table 4, Levels of Significant Air Quality Impact for Nonattainment Areas:

Pollutant	Annual	Averaging Time (Hours)
		24	8	3	1
SO ₂	1.0	5		25
PM ₁₀	1.0	5
NO ₂	1.0
CO*			0.5		2

* Note: All impacts in micrograms per cubic meter except for CO which is in milligrams per cubic meter.

(5)

Table 5, De Minimis Emission Levels:

Pollutant	Emission Rate
Carbon monoxide	100
Nitrogen dioxide	40
Total suspended particulate	25
Particulate Matter 10 Micron	15
Sulfur dioxide	40
Ozone (to be measured as VOC)	40
Lead	.6
Mercury	.1
Beryllium	.0004
Asbestos	.007
Fluorides	3
Sulfur acid mist	7
Vinyl chloride	1
Hydrogen sulfide	10
Total reduced sulfur (including hydrogen sulfide)	10
Reduced sulfur compounds (including hydrogen sulfide)	10

*Note: All rates in tons per year.

(6)

Table 6, List of Named Installations:

Fossil-fuel fired steam electric plants of more than 250,000,000 Btu's per hour heat input

Coal cleaning plants (with thermal dryers)

Kraft pulp mills

Portland cement plants

Primary zinc smelters

Iron and steel mills

Primary aluminum ore reduction plants

Primary copper smelters

Municipal incinerators capable of charging more than 250 tons of refuse per day

Hydrofluoric acid plants

Sulfuric acid plants

Nitric acid plants

Petroleum refineries

Lime plants

Phosphate rock processing plants

Coke oven batteries

Sulfur recovery plants

Carbon black-plants (furnace process)

Primary lead smelters

Fuel conversion plants

Sintering plants

Secondary metal production facilities

Chemical process plants

Fossil-fuel boilers (or combination thereof) of more than 250,000,000 Btu's per hour heat input

Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels

Taconite ore processing facilities

aa.

Glass fiber processing plants

bb.

Charcoal production facilities

cc.

All other stationary source categories regulated by a standard promulgated under Section 111 or 112 of the Act.

(l)

Appendices.

(1)

Permit review procedures.

Preapplication meeting. Prior to submittal of a complete 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. This meeting shall not fall under the permit fee requirements.

Complete application.

The director shall review each application for completeness and shall inform the applicant within 30 days if the application is not complete. In order to be complete, an application must include a completed application form and, to the extent not called for by the form, the information required in subsection (l)(1)d.

The director shall maintain a checklist to be used for the permit application's completeness determination. A copy of the checklist identifying the application's deficiencies shall be provided to the applicant along with notice of incompleteness.

ii.

If, while processing an application that has been determined or deemed to be complete, the director determines that additional information is necessary to evaluate or to take final action on that application the director may request this additional information in writing. In requesting this information, the director shall establish a reasonable deadline for a response. The review period will be extended by the amount of time necessary to collect the required information.

iii.

In submitting an application for amendment of a construction permit, the applicant may incorporate by reference those portions of the existing permit (and the permit application and any permit amendment) that describe products, processes operations and emissions. The applicant must identify specifically and list which portions of the previous permit, applications, or both, are incorporated by reference. In addition, a permits amendment application must contain information specified in 8-10 (l)(1)d. for those products, processes, operations and emissions:

[a]

That are not addressed in the previous permit or application;

[b]

That are subject to applicable requirements that are not addressed in the previous permit or application; or

[c]

For which the applicant seeks permit terms and conditions that differ from those in the previous permit or application.

iv.

Confidential information. An applicant may submit information to the director under a claim of confidentiality pursuant to section 8-13.

Filing fee. Each application must be accompanied by a $100.00 filing fee.

Duty to supplement or correct application. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application, upon becoming aware of the failure or incorrect submittal, shall promptly submit supplemental 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.

Standard application form and required information. An applicant shall submit an application package consisting of the standard application form and emission inventory questionnaire. The application package must include all information needed to determine applicable requirements. The application must include information needed to determine the applicability of any applicable requirement. The applicant shall submit the information called for by the application form for each emissions unit at the installation to be permitted. The standard application form (and any attachments) shall require that the following information be provided:

Identifying information. 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 and name of the plant site manager or other contact person;

Processes and products. A description of the installation's processes and products (by two-digit Standard Industrial Classification Code);

Emissions-related information. The following emissions-related information shall be provided on the emission inventory forms.

All emissions of regulated air pollutants. The permit application shall describe all emissions of regulated air pollutants emitted from each emissions unit, except as provided by this section. The installation shall submit additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable;

ii.

Identification and description of all emissions units whose emissions are included in subsection 8-10 (l)(1)d.3.i. in sufficient detail to establish the applicability of all requirements;

iii.

Emissions rates in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method, if any;

iv.

Information to the extent needed to determine or regulate emissions, fuels, fuel use, raw materials, production rates and operating schedules;

Identification and description of air pollution control equipment;

vi.

Identification and description of compliance monitoring devices or activities;

vii.

Limitations on installation operations affecting emissions or any work practice standards, where applicable, for all regulated air pollutants;

viii.

Other information required by any applicable requirement (including information related to stack height limitations developed pursuant to Section 123 of the Act); and

ix.

Calculations on which the information in subsection 8-10 (l)(1)d.3.i. through viii. is based;

Other specific information required under the director's rule to implement and enforce other applicable requirements of the Code, or to determine the applicability of these requirements.

Certification by responsible official. Any application form or report submitted pursuant to this subsection 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 shall contain the following language: "I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete."

Receipt of the complete application. Upon receipt of a complete application and the required fee, the director shall proceed with an application review.

Notification of processing fees. The director, as timely as possible, will notify the applicant in writing if the permit processing fee approaches $1000.00 and in $1000.00 increments thereafter.

Public participation. For all applications of sources that emit five or more tons of lead per year, or that contain good engineering practice stack height demonstrations, or that are subject to subsections 8-10(g) and (h), the director shall follow the procedures for public participation as specified in subsection 8-10(l)(2).

Final completeness determination. Final determination will be made on the following schedules:

The director will make final determination for complete permit applications processed under subsections 8-10(g) (h) or (i) no later than 184 calendar days after receipt of a complete application, taking into account any additional time necessary for missing information;

The director will make final determination for complete permit applications processed under subsection 8-10 (c), (d), (e) or (f) no later than 90 calendar days after receipt of a complete application, taking into account any additional time necessary for missing information;

If the director exceeds the time for review described in subsection 8-10(l)(1)i.1. and 2., the applicant shall not be required to pay the processing fee associated with the application.

After making a final determination whether the permit should be approved, approved with conditions or denied, the director shall notify the applicant in writing of the final determination.

In a permit, the director may impose such conditions as may be necessary to accomplish the purposes of this section, any applicable requirements, or the Conservation Law, RSMo ch. 643. Such conditions can be no less stringent than any applicable emission control regulations. Nothing in this subsection shall be deemed to limit the power of the director in this regard. Such conditions may include but are not limited to the following examples presented solely for the purposes of illustration which do not limit the generality of the preceding liberal sentence:

Sampling port(s) of a suitable size, number and location;

Safe access to each port;

Instrumentation to monitor and record emission data;

Other sampling and testing facilities;

Operating or work practice constraints to limit the maximum level of emissions;

Emission control device efficiency specifications to limit the maximum level of emissions;

Maximum level of emissions;

Emission testing alter commencing operations, to be conducted by the owner or operator, as necessary to demonstrate compliance with applicable emission control regulations or other permit conditions;

Data reporting;

10.

Post-construction ambient monitoring and reporting; and

11.

Requirements applicable under 40 CFR part 60, "Source Performance Standards."

Drafts for public comment. Following review of an application, the director shall issue a draft permit for public comment, in accordance with subsection 8-10(l)(2). The draft shall be accompanied by a statement setting forth the legal and factual basis for the draft permit conditions (including references to applicable statutory or regulatory provisions). The director shall send this statement to the administrator, to affected states and to the applicant, and shall place a copy in the public file.

Additional procedures needed for unified reviews of subsection (f), (g), (h) or (i) unified reviews construction permit applications and part 70 operating permit applications.

Permit review by the administrator and affected states.

Administrator review.

[1]

Copies of applications, proposals and final actions. The applicant will provide two copies of the information included in an application. The director will forward to the administrator one copy of each permit application and each final operating permit.

[2]

Administrator's objection. No permit shall be issued under this subsection if the administrator objects to its issuance in writing within 45 days after receipt of the proposed permit and all necessary supporting information.

[3]

Failure to respond to objection. If the director does not respond to an objection of the administrator by transmitting a revised proposed permit within 90 days after receipt of that objection, the administrator may issue or deny the permit in accordance with the Act.

[4]

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 60 days after expiration of the administrator's 45-day review period.

a. 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).

b. If the administrator responds to a petition filed under this section by issuing an objection, the director will not issue the permit until the objection has been resolved. If the permit was issued after the administrator's 45-day review period, and prior to any objection by the administrator, the director ship [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.

[1]

Notice of draft actions. The director will give notice of each draft permit to any affected state or before the time that the director provides to the public. Affected states may comment on the draft notice permit action during the period allowed for public comment, as shall be set forth in a notice to affected states.

[2]

Refusal to accept recommendations. If the refuses to accept all recommendations for a proposed permit action that any affected state has submitted during the review period, the director shall notify the administrator and the affected state in writing of its reasons for not accepting those recommendations.

Proposals for review. Following the end of the public comment period, the director shall prepare and submit to the administrator a proposed permit.

The proposed permit shall be issued no later than 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 director may elect to either:

[1]

Extend or reopen the public comment period to solicit comment on additional draft permit provisions to implement the new requirements; or

[2]

If the director determines that this extension or reopening of the public comment period would delay issuance of the permit unduly, the director 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 director elects to issue the proposed or final permit, or both, without incorporating the new requirements, the director, within 30 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.

Action following the administrator's review.

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 director 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 days after transmittal of a proposed permit for the administrator's review, and if the administrator has not notified the director that she/he objects to the proposed permit action, the director 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 director shall consult with the administrator, the applicant, and shall submit a revised proposal to the administrator within 90 days after the date of the administrator's objection. If the director does not revise the permit, the director will so inform the administrator within 90 days following the date of the objection and decline to make those revisions. If the administrator disagrees with the director, the administrator may issue the permit with the revisions incorporated.

Notification in writing. After making a final determination whether the permit should be approved, approved with conditions, or denied, the permitting authority shall notify the applicant in writing of the final determination and the total permit processing fees due.

Notice of processing fees due. If payment of permit processing fees have not been received from the applicant 80 calendar days after the final determination, the director shall issue in writing to the applicant a final notice of payment due.

Processing fees unpaid. If payment of permit processing fees has not been received from the applicant 90 calendar days after the final determination, the director shall notify the applicant that the permit has been denied, provided the application previously had been approved in the final determination. The director also shall advise the applicant that the fee is still due and as specified in section 8-20, the fee shall have interest imposed upon it from the date of billing until payment is made.

Payment received. No later than three calendar days after receipt of the whole amount of the fee due, the director 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.

(2)

Public participation.

This subsection shall apply to review of applications under subsections (g) and (h), and applications for source operations or installations emitting five or more tons of lead per year and applications containing GEP stack height demonstrations as defined in 10 CSR 10-6.020(1)(G)2.A. through C.

For those applications subject to subsections 8-10(g) or (h), within 184 days after receipt of a complete application, the director shall make a final determination on the application. This involves performing the following actions in a timely manner:

Preliminary determination. Within 90 days after receipt of a complete application, the director shall make a preliminary determination as to whether the construction or major modification should be approved, approved with conditions, or denied.

Public notice of hearing. No later than ten days after the close of the preliminary review period, the director shall cause a notice to be published in a newspaper of general circulation within or nearest to the county in which the project is proposed to be constructed or operated. This public notice shall describe the nature of the application, including, with reasonable specificity, the following: name, address, phone number and representative of the agency issuing the public notice; name and address of the applicant; and the proposed project, including its location and permits applied for; 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 (where appropriate). The public notice shall also include degree of increment consumption, when appropriate. The director's preliminary determination of whether or not to approve, approve with conditions or deny, and any reference to conditions relating to visibility as required in 8-10(h)(3)f. The notice shall state a public hearing shall be held, if requested, concerning the permit application, at which time any interested person may submit any relevant information, materials and views in support of or opposed to the permit applied for. The notice shall state the location and time of the public hearing (if one is requested), with the hearing being held in the county in which all or a major part of the proposed project is to be located and with the hearing being held not less than 30 nor more than 40 days after the date of publication of the notice. The notice also shall state that any interested person may submit relevant information materials and views to the director, in writing, until the end of the day on which the public hearing is held, or would be held if requested. The notice shall further state that a copy of materials submitted by the applicant and used in making the preliminary determination, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination are available for public inspection at the office of the air quality program. The director shall submit copies of all such public notices to the administrator of the United States Environmental Protection Agency.

Availability of preliminary determination. After the close of the preliminary review period, but no later than the date public notice is published, the director shall make available to the public at the air quality program office a copy of the preliminary determination and a copy of summary of other materials, if any, considered in making the preliminary determination, until the end of the public comment period;

The director may designate another person to conduct any hearing under this section;

Distribution of public notice. Within ten days after the close of the preliminary review period, the director shall send a copy of the public notice to the applicant and to officials and agencies having jurisdiction over the location where the proposed construction or modification would occur, including any comprehensive regional land use planning agency, any state air program director, federal land manager, and the chief executive of the county whose lands may be affected by emissions from the installation or modification.

Public comment and applicant response. The director 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 days after the close of the public comment period, the applicant may submit a written response to any comments submitted by the public. The director shall consider the applicant's response in making a final decision. The director shall make all comments available for public inspection in the same locations where the director made available prehearing information relating to the proposed installation or modification. Further, the director shall prepare a written response to all comments and make them available at the locations referred to above.

Final determination. The director shall make a final determination whether the construction or modification should be approved, approved with conditions, or denied and notify the applicant in writing of the final determination and make such notification available for public inspection at the same locations where the director made available prehearing information and public comments relating to the installation or modification. The director shall submit a copy of this final determination to the Administrator of the United States Environmental Protection Agency.

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 director may make a final determination without providing public notice and opportunity for public comment and hearing required by this subsection.

Class I area visibility review and notice to the FLM.

For proposed installation subject to specific permit requirements in subsections (g) and (h), but not dependent on any quantity of lead emissions as stated in paragraph (l)(2)a., the director shall provide advance notification to any FLM where, in the judgment of the director, visibility may be affected in a class I area of the FLM's responsibility. The notice shall be provided within 30 days of receipt of an initial application or when first learning of the applicant's intent for a permit.

ii.

No later than 30 days after receipt of a complete application, the director shall make written notification to the FLM whose class I area (those designated in 10 CSR 10-6.060, paragraph (12)(1)3.) may be affected by emissions from the proposed source. The notification must include all information relevant to the permit application and shall include an analysis of anticipated class I visibility impacts. The director may also make this notification to any additional FLM whose class I area's visibility, in the judgment of the director, may be impacted.

iii.

The director shall consider any analysis performed by an FLM that is provided to the director within 30 days of the FLM's receipt of the notification and analysis requested in subsection 8-10(l)(2). Where the FILM's analysis indicates that an adverse impact on visibility (as defined in 10 CSR 10-6.020) would occur in a class I area as a result of the proposed project, and analysis does not demonstrate an adverse impact to the director's satisfaction, the director shall so indicate the dissatisfaction in the public notice of hearing. With this condition, the public notice also shall contain the location where an explanation of the director's reasoning can be found, and that the explanation be available for public inspection no later than the date public notice is published.

This paragraph is for those applications not subject to subsections 8-10(g) or (h), but which propose an emission of five or more tons of lead per year or applications containing GEP stack height demonstrations. For these applications, completing the final determination within 90 calendar days after receipt of the complete application involves performing the same public participation activities as those subject to subsections 8-10(g) or (h), but with shorter time frames. The following specifies the new time frames:

Director's preliminary determination. No later than 45 calendar days after receipt of a complete application;

Public notice of hearing. No later than five calendar days after the preliminary determination;

Public hearing. No later than 30 calendar days after the date of the public notice; and

Applicant response. No later than five calendar days after the end of the public comment period, the applicant may submit a written response to any comments submitted.

(3)

Offsets. Offsets under subsection (g)(2) shall be allowed under the following conditions:

To obtain an offset, the applicant must provide documentation satisfactory to the director showing:

That the offsets have occurred or will occur prior to commencement of operation of the new or modified source;

That the level of emission of the offset pollutant at the offsetting source prior to and after the offset is applied;

That the owner or operator of the source from which offsets are obtained has made a binding agreement to limit emissions of the offset pollutant at that source to the levels identified after the offset is applied; and

That the emissions from the offsetting source, prior to being reduced, had or have a comparable air quality impact equal and comparable to that attributed to the proposed increase;

It shall be a violation of this section for any person to operate a source from which offsets were obtained so as to emit the offset pollutant at levels greater than identified in the agreement referred to in subsection (l)(3)a.3.;

The director may not approve use of offsets where such use would interfere with the nonattainment control strategy contained in the Missouri State Implementation Plan;

Offset credit may not be taken for emission reductions required by state or local emission control regulations or ordinances, state or federal court order, or order of a federal, state or local air pollution control agency;

Except for previously banked emission reduction credits, no offset credit may be taken for emission reductions occurring prior to the base year used to project attainment of the pollutant standard in the state implementation plan;

No offset credit may be taken for emission reductions previously used in determining net emission increases or used to create alternate emission limits.

Emission reductions that will be achieved by shutting down an existing source or by permanently curtailing production or operating hours may be credited, provided that the work force to be affected has been notified of the proposed shutdown or curtailment. Installation shutdowns and curtailments in production occurring prior to the date the application is filed generally may not be used for emissions offset credit. As used here, shutdown means rendering an installation inoperable by physically removing, dismantling or otherwise disabling the installation, so that it could not be reactivated without obtaining a new permit in accord with this section. However, when an applicant can establish that it shut down or curtailed production less than one year prior to the date of permit application and the proposed installation or major modification is a replacement for the shutdown or curtailment, credit for such shutdown or curtailment may be applied to offset emissions from the new source.

(4)

Banking. Banking credit for emission reductions to use as offsets in Kansas City, Missouri, to net against emissions increased or to implement an alternate emission limit, at some future time, shall be allowed under the following circumstances:

The person requesting banking is:

The owner or operator of a new or notified installation obtaining a permit by applying offsets which exceed the requirements of subsection (g)(2);

The owner or operator of an existing installation in a nonattainment area who voluntarily reduces emissions of the nonattainment pollutant after the base year used in the state implementation plan, or the transferee of such owner or operator; or

The owner or operator of an existing installation in an attainment area who voluntarily reduces emissions after August 7, 1977, or the transferee of such owner or operator.

The person requesting banking of emission reductions submits documentation satisfactory to the director showing:

The location of the installation source operation from which the reductions are obtained;

The magnitude of the emission reductions, and the rates and levels of emission of the pollutant prior to and after the emission reductions;

That the reductions are based on actual emissions;

That the reductions are not required by any emission control regulations or ordinances, federal or state court order, or order of a federal, state or local air pollution control agency;

That the owner or operator of the installation from which the reductions were obtained has made an enforceable binding agreement to limit emission of the pollutant at the installation to the identified levels after the emission reductions occur; and if the reductions were obtained from an installation not owned or operated by the person requesting banking, the notarized consent of the installation owner or operator to the reductions and to banking those reductions;

That the emission reductions are permanent in context of the entire area and not merely displaced reductions; and

That the reductions are from installation and source operations existing on the state's emissions inventory;

The person requesting banking must also submit the information necessary for evaluating the air quality impact of the emission reductions, including, when appropriate, stack parameters, temperature and velocity of plume, particle size, the existence of hazardous pollutant, and daily and seasonal emission rates;

For source operations in the nonattainment areas for which reasonable available control technology (RACT) would be required, but as yet has not been defined, actual emission levels will be reduced to represent post-RACT levels. The control technology assumed for these calculations will be mutually agreed upon by the applicant and the director. Only emission reductions beyond the post-RACT emissions level will be creditable;

Credit cannot be banked by the owner for emission reduction achieved by the shutdown of an installation. Shutdown as used here means rendering an installation inoperable by physically removing, dismantling or otherwise disabling the installation, so that it could not be reactivated without obtaining a new permit in accordance with this section. Emission reductions credit from an installation shutdown, unless used by the owner or operator of the installation to replace the installation within a year of shutdown, will be placed in special accounts by the director to attain and maintain the air quality standards and provide growth increment for the area;

Credit for emission reductions beyond those that were required by RACT or subsection (h)(3)d. at a shutdown installation and that are in excess of those needed to offset a replacement installation can be banked by the owner and can be transferred or used for offset or alternate emission limits;

Credit can be banked for emission reductions from permanent curtailment of production or operating hours only for the purpose of netting against emission increases or implementing alternate emission limits at some future time. Credit cannot be granted for process curtailments in nonattainment areas if the proposed decrease will be negated by countervailing emission increases occurring at other installations in the same area in response to the applicant's process curtailments;

It shall be a violation of this subsection for any person to operate a source operation from which banked credit for emission reductions was obtained so as to emit the pollutant at levels greater than identified in the agreement referred to in subsection (l)(4)b.5., unless the person who banked credit for the reductions or their transferee, first files a notice with the director stating that credit for the reductions or a part of the credit is being withdrawn from the bank, and credit has not previously been withdrawn;

Banked credits for emission reductions may be withdrawn only by notice from the person who banked the emission reduction credits, or their transferee, filing a notice with the director stating that the banked reductions, or a part thereof, are being withdrawn. A notice of withdrawal of banked emission reductions shall identify the installation and source operation to which the withdrawn credits will be applied;

An applicant for a permit must withdraw from its bank, as needed those credits for emission reductions which were created within its own property and apply them to offset its own emission increases in accordance with subsection (l)(3). If growth increment is available, such banked credit for emission reductions shall be used at a ratio of (1:1). If no growth increment exists, such credit for emission reduction shall be used at a ratio of (1.15:1).

The director shall establish and maintain a tracking system of banked credit for emission reductions, in order to preserve banked credit for the owners thereof and ensure that offsets are not obtained from banked emission reduction credit in violation of the requirements of this section.

The amount of banked emission reduction credits shall be discounted without compensation to the holder in the applicable source category when new rules requiring emission reductions are adopted by the air conservation commission. The amount of discounting of banked emission reduction credits shall be calculated on the same basis as the reductions required for existing sources which are subject to the new rule. A portion of banked credits equivalent to the anticipated required reduction may be temporarily frozen by the director in anticipation of a new rule being adopted by the air conservation commission. This subsection, however, will not apply to emission reductions, discounted at the time of banking in accordance with subsection 8-10(l)(4)d., unless the new rule provides for the replacement RACT with BACT or another more stringent level of control.

(5)

Innovative control technology.

An owner or operator of an installation subject to subsection (h) may employ a system of innovative control technology if:

The applicant demonstrates to the satisfaction of the director that the proposed control system will not cause or contribute to an unreasonable risk to public health, welfare or safety in its operation, function or malfunction;

The owner or operator demonstrates to the satisfaction of the director the ability of the proposed control system to achieve a level of continuous emission reduction equivalent to that which would have been required under subsection (g)(2)(a) and agrees to achieve such a level by a reasonable date specified by the director. In making this determination, the director shall consider the technical and economic feasibility of the proposed control system. The date specified shall not be later than four years from the time of start-up or seven years from the date the permit is issued.

On the date specified by the director, the proposed construction employing the system of innovative control will meet the requirements of subsections (h)(3)c. and(h)(3)d.

The proposed construction would not cause or contribute to a violation of an applicable national ambient air quality standard, impact any class I area, or impact any area where an applicable increment is known to be violated, before the date specified by the director.

Consent is gained from the governor of any adjacent state that will be significantly impacted by the proposed construction before the date specified by the director; and

All other applicable requirements including those for public participation have been met.

Any approval to employ a system of innovative control technology may be revoked by the director if:

The proposed system fails or will fail by the specified date to achieve the required continuous emission reduction rate; or

The proposed system contributes or will contribute to an unreasonable risk to public health, welfare or safety in its operation, function or malfunction before the specified date; or

The director determines that the proposed system is unlikely to protect the public health, welfare or safety.

If an installation to which this subsection applies fails to meet the required level of continuous emission reduction within the specified time period, or the approval is revoked in accordance with subsection (l)(5)b., the owner or operator may request the director to grant an extension of time for such minimum period as may be necessary to meet the requirement for the application of best available control technology through use of a demonstrated system of control. Such period shall not extend beyond the date three years after termination of the same time period specified in subsection (l)(5)a.

(6)

Air quality models.

All estimates and analyses of ambient concentrations shall be based on the applicable air quality models, data bases, and other requirements specified in the "Guideline on Air Quality Models" (revised July 1986) (EPA 450/2-78027R) and Supplement A (July 1987).

After notice and opportunity for hearing provided in accordance with the procedures in subsections (l)(2)b.2. and 3., any model or models designated in subsection (l)(6)a. may be adjusted upon a determination by the director that such adjustment is necessary to take into account unique terrain or meteorological characteristics of an area potentially affected by emissions from the source. Methods like those outlined in the "Workbook for the Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, May 1978) should be used to determine the comparability of air quality models.

Where the "Guideline on Air Quality Models" (revised July 1986) and Supplement A (July 1987) does not address a situation requiring modeling, the administrator and the director may approve the use of a model which they deem accurate for modeling that situation, after notice and the opportunity for a hearing is provided in accordance with the procedures in subsections (l)(2)b.2. and 3.

(7)

Increment tracking.

The director will track ambient air increment consumption at fixed baseline locations within the baseline areas.

Available increment will be allocated on a "first-come, first-serve" basis. The marked received date of a complete application will be used by the director to determine which applicant is entitled to prior allocation of increments.

At intervals of five years from the baseline date, the director shall determine the actual air quality increment available or consumed for location(s) for which complete air monitoring data exists using subsection (k)(3).

Exclusions from increment consumption. Upon written request of the owner or operator of an installation, made after notice and opportunity for at least one public hearing to be held in accordance with the procedures established in subsections (l)(2)b.2. and 3., the director shall exclude the following concentrations in determining consumption of maximum allowable increase:

Concentrations attributable to the increase in emissions from installations which have converted from the use of petroleum products, natural gas or both, by reason of an order in effect under sections 2.(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from those sources before the effective date of such an order;

Concentrations attributable to the increase in emissions from installations which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date of such plan;

Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities;

However, no exclusion of such concentrations shall apply more than five years after the effective date of the order to which subsection (l)(7)d.1. refers or the plan to which subsection (l)(7)d.2. refers, whichever is applicable. If both the order and the plan are applicable, no exclusion shall apply more than five years after the later of such effective dates.

(8)

Impacts on class I areas.

At any time prior to the close of the public comment period specified in subsection (l)(2), the FLM for any federal class I area may provide information to the permitting authority demonstrating that the emissions from the proposed installation or major modification would have an adverse impact on the air quality-related values (including visibility) of any federal mandatory class I area, notwithstanding that the change in air quality, resulting from emissions from the installation or major modification, would not cause or contribute to concentrations which would exceed the maximum allowable increase for a class I area, as specified in subsection (k)(1). If the permitting authority concurs in the demonstration by the FLM, the permit shall be denied.

Class I variances. The owner or operator of a proposed installation or major modification may demonstrate to the FLM that the emissions from the source would have no adverse impact on the air quality-related values of any federal mandatory class I area (including visibility), notwithstanding that the change in air quality resulting from emissions from the source would cause or contribute to concentrations which would exceed the maximum allowable increases for a class I area. If the FLM concurs with a demonstration and so certifies to the permitting authority, the permitting authority, providing that all other applicable requirements of this rule are met, may issue the permit with those emission limitations as may be necessary to assure that emissions of sulfur dioxide, particulate matter and nitrogen dioxide would not exceed the following maximum allowable increases over baseline concentration for these pollutants:

Pollutant	Maximum Allowable Increase
PM10:
Annual geometric mean	17
24-hour maximum	30
Sulfur Dioxide:
Annual arithmetic mean	20
24-hour maximum	91
3-hour maximum	325
Nitrogen Dioxide:
Annual arithmetic mean	25

Note: Increases are in micrograms per cubic meter.

Sulfur dioxide variance by governor with FLM's concurrence.

If the owner or operator of a proposed installation or major modification who has been denied an FLM's certification pursuant to paragraph (l)(8)a. demonstrates to the governor that the installation or major modification cannot be constructed as a result of any maximum allowable increase for sulfur dioxide for periods of 24 hours or less applicable to any class I area and, in the case of federal mandatory class I areas, that a variance under this part would not adversely affect the air quality-related values of the area (including visibility), then the governor, after consideration of the FLM's recommendation (if any) and subject to their concurrence, may grant, after notice and an opportunity for a public hearing, a variance from these maximum allowable increases.

If a variance is granted, the permitting authority may issue a permit to an installation or major modification in accordance with the requirements of paragraph (l)(8)e., provided that all other applicable requirements of this rule are met.

Variance by the governor with the President's concurrence.

The recommendations of the governor and the FLM shall be transferred to the President in any case where the governor recommends a variance in which the FLM does not concur.

If this variance is approved by the President pursuant to 42 U.S.C.A. Section 7475(d)(2)(D)(ii), the permitting authority may issue a permit in accordance with the requirements of paragraph (l)(8)e. provided that all other applicable requirements of this rule are met.

Emission limitations for presidential or gubernatorial variance.

In the case of a permit issued pursuant to paragraph (l)(8)c. or d., the permitting authority shall impose, as conditions of the permit, emission limitations as may be necessary to assure that emissions of sulfur dioxide from the installation or major modification (during any day on which the otherwise applicable maximum allowable increases are exceeded) will not cause or contribute to concentrations which will exceed the following maximum allowable increase over the baseline concentrations:

Maximum Allowable Increase
(micrograms per cubic meter)

Period of Exposure	Terrain Areas
	Low	High
24-hour maximum	36	62
3-hour	130	221

These emission limitations also shall assure that the emissions will not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period.

The permitting authority shall transmit to the administrator a copy of each permit application under this subsection (l)(8) and provide notice to the administrator of every action related to the consideration of a permit.

(9)

Attainment and unclassified area designations.

Area classification.

The following areas shall be class I areas and may not be redesignated:

Hercules Glade National Wilderness Area; and

ii.

Mingo National Wilderness Area.

Any other area, unless specified in the legislation creating such an area, is initially designated class II, but may be redesignated as provided in this section.

The following areas may be redesignated only as class I or II:

An area which as of August 7, 1977 exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, or a national lakeshore or seashore; and

ii.

A national park or national wilderness area established after August 7, 1977 which exceeds 10,000 acres in size.

Area redesignation.

All areas (except as otherwise provided under subsection (l)(9)a.) are designated class II as of December 5, 1974. Redesignation (except as precluded by subsection (l)(9)a.) may be proposed by the commission as provided in this rule, subject to approval by the administrator.

The commission may submit to the administrator a proposal to redesignate areas of the state as class I or class II provided that:

At least one public hearing has been held in accordance with procedures established in RSMo 643.070 and 643.100;

ii.

Other states and FLMs whose lands may be affected by the proposed redesignation were notified at least 30 days prior to the public hearing;

iii.

A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation, was prepared and made available for public inspection at least 30 days prior to the hearing and the notice announcing the hearing containing appropriate notification of the availability of that discussion;

iv.

Prior to the issuance of notice respecting the redesignation of an area that includes any federal lands, the commission has provided written notice to the appropriate FLM and afforded adequate opportunity (not in excess of 60 days) to confer with the commission requesting the redesignation and to submit written comments and recommendations. In redesignating any area, with respect to which any FLM had submitted written comments and recommendations, the commission shall have published a list of any inconsistencies between the redesignation and comments and recommendations (together with the reasons for making redesignation against the recommendation of the FLM); and

The commission has proposed the redesignation after consultation with the elected leadership of local and other substance general purpose governments in the area covered by the proposed redesignation.

Any area other than an area to which subsection (l)(9)a. refers maybe redesignated class III if:

The redesignation would meet the requirements of provisions established in accordance with subsection (l)(9)b.2.;

ii.

The redesignation has been approved by the commission and the governor;

iii.

The redesignation has been approved by the governor after consultation with the appropriate communities of the legislature if it is in session, or with the leadership of the legislature if it is not in session;

iv.

General purpose units of local government, representing a majority of the residents of the area to be redesignated, adopt resolutions concurring in the redesignation;

The redesignation would not cause or contribute to a concentration of any air pollutant which would exceed any maximum allowable increase permitted under the classification of any other area or any national ambient air quality standard; and

vi.

Any permit application for any installation or major modification subject to provisions established in accordance with subsection (l)(9)b.1. which could receive a permit only if the area in question were redesignated as class III and any material submitted as part of that application were available, insofar as was practicable, for public inspection prior to any public hearing on redesignation of any area as Class III.

Area class designations.

Area Class	Description
Class I	Hercules Glade National Wilderness Area Mingo National Wilderness Area
Class II	All areas of the state which are not nonattainment
Class III	No areas designated

(Code of Gen. Ords. 1967, § 18.92; Ord. No. 41255, 6-9-72; Ord. No. 56726, 8-2-84; Ord. No. 960782, § A, 8-8-96)

                    
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