MEMORANDUM

SUBJECT:	Technical Support Document for Approval of a Missouri State Implementation Plan Revision relating to Start-Up, Shutdown and Malfunction Conditions

FROM:		Allie Donohue
			ARD/AQPB/CPPS

TO:			EPA-R07-OAR-2022-0329; MO-432

THROUGH: 		Andy Hawkins, Branch Chief
			ARD/AQPB
SUMMARY: 
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Missouri State Implementation Plan (SIP). The EPA received the Missouri Department of Natural Resources' (MoDNR) SIP revision submission on February 11, 2020. 
Specifically, the revisions are to a state rule at Title 10, Division 10 of the Code of State Regulations (CSR)- 10 CSR 10-6.050, Start-Up, Shutdown, and Malfunction Conditions, which is SIP approved at 40 CFR § 52.1320(c). The purpose of the state regulation is to provide installations the opportunity to submit data regarding excess emissions to determine whether the excess emissions were due to a start-up, shutdown or malfunction condition and if enforcement action is appropriate.
These proposed revisions add incorporations by reference to other State rules, including definitions specific to the rule, and making administrative wording changes. These revisions do not impact the stringency of the SIP and do not adversely impact air quality. 
RULE REVISIONS:
Below is EPA's description of the changes made to each rule section and the text of the revised rule.
Revisions that are additions to MoDNR's existing approved SIP rule text are bold. Revisions that are deletions to the existing approved SIP rule text are stricken through. The rule text with changes is listed first and is followed by a summary of the EPA's review of the changes. 
                                       
         10 CSR 10-6.050 Start-Up, Shutdown and Malfunction Conditions

(1) Applicability. This regulation applies to all installations in the state of Missouri.
(2) Definitions. Definitions of certain terms in this rule, other than those specified in this rule section, may be found in 10 CSR 10-6.020.

(A) Excess emissions - The emissions which exceed the requirements of any applicable emission control regulation. 

(B) Malfunction - A sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal and usual manner. Excess emissions caused by improper design is not a malfunction. 

(C) Shutdown - The cessation of operation of any air pollution control equipment or process equipment, except the routine phasing out of process equipment. 

(D) Start-up - The setting into operation of any air pollution control equipment or process equipment, except the routine phasing in of process equipment. 

(E) Definitions of certain terms in this rule, other than those specified in this rule section, may be found in 10 CSR 10-6.020.

EPA Analysis:   MoDNR has moved definitions applicable to this rule into the rule itself. 

Subsection (A) adds the definition of "excess emission" which is the same definition that is found in the current SIP-approved version of 10 CSR 10-6.020.

Subsection (B) adds the definition of "malfunction" which is the same definition that is found in the current SIP-approved version of 10 CSR 10-6.020. 

Subsection (C) adds the definition of "shutdown" which is the same definition that is found in the current SIP-approved version of 10 CSR 10-6.020.

Subsection (D) adds the definition of "start-up" which is the same definition that is found in the current SIP-approved version of 10 CSR 10-6.020.

Subsection (E) references 10 CSR 10-6.020 as the place to find other definitions of terms in the rule.

EPA Analysis:  Because the definitions in the rule match already SIP-approved definitions, EPA finds that these revisions do not affect the stringency of the SIP. 

(3) General Provisions.

(A) In the event of a malfunction, which results in excess emissions that exceeds one (1) hour, the owner or operator of such facility shall notify the Missouri Department of Natural Resources' Air Pollution Control Program in the form of a written report which shall be submitted within two (2) business days. The written report shall include, at a minimum, the following:

	1. Name and location of installation;

2. Name and telephone number of person responsible for the installation;

3. Name of the person who first discovered the malfunction and precise time and date that the malfunction was discovered;

4. Identity of the equipment causing the excess emissions;

5. Time and duration of the period of excess emissions;

6. Cause of the excess emissions;

7. Air pollutants involved;

8. Estimate of the magnitude of the excess emissions expressed in the units of the applicable requirement and the operating data and calculations used in estimating the magnitude;

9. Measures taken to mitigate the extent and duration of the excess emissions; and

10. Measures taken to remedy the situation which caused the excess emissions and the measures taken or planned to prevent the recurrence of these situations.


(B) The owner or operator shall notify the Missouri Department of Natural Resources' Air Pollution Control Program at least ten (10) days prior to any maintenance, start-up, or shutdown activity, which is expected to cause an excess release of emissions that exceeds one (1) hour. If notification cannot be given ten (10) days prior to any maintenance, start-up, or shutdown activity, which is expected to cause an excess release of emissions that exceeds one (1) hour, notification shall be given as soon as practicable prior to the maintenance, start-up, or shutdown activity. If prior notification is not given for any maintenance, start-up, or shutdown activity which resulted in an excess release of emissions that exceeded one (1) hour, notification shall be given within two (2) business days of the release. In all cases, the notification shall be a written report and shall include, at a minimum, the following:

	1. Name and location of installation;

2. Name and telephone number of person responsible for the installation;

3. Identity of the equipment involved in the maintenance, start-up, or shutdown activity;

4. Time and duration of the period of excess emissions;

5. Type of activity and the reason for the maintenance, start-up, or shutdown;

6. Type of air contaminant involved;

7. Estimate of the magnitude of the excess emissions expressed in the units of the applicable emission control regulation and the operating data and calculations used in estimating the magnitude;

8. Measures taken to mitigate the extent and duration of the excess emissions; and

9. Measures taken to remedy the situation which caused the excess emissions and the measures taken or planned to prevent the recurrence of these situations.

EPA Analysis:   The revisions are administrative in nature and do not affect the stringency of the SIP.  

EPA provided general comments on this rule. EPA has determined that MoDNR has adequately addressed those comments. The other comments were largely related to administrative changes and did not affect the approvability or the stringency of the rule. Therefore, EPA finds that MoDNR has adequately addressed the comments. 

