MEMORANDUM


SUBJECT:	Technical Support Document for Approval of Missouri State Implementation Plan Revision relating to Construction Permit Exemptions

FROM:	Bethany Olson
		ARD/AQPB/CPPS

TO:		MO-454; EPA-R07-OAR-2022-XXXX

THRU:	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 June 10, 2021. 

Specifically, the revisions are to a state rule at Title 10, Division 10 of the Code of State Regulations (CSR) 10 CSR 10-6.061 Construction Permit Exemptions, which is SIP approved at 40 CFR § 52.1320(c). The purpose of the state regulation is to list specific construction
or modification projects that are exempt from the requirement to obtain permits to construct under 10 CSR 10-6.060.

These proposed revisions to the rule update incorporations by references, remove unnecessary words, and make minor clarifications and grammatical 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 the 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. Portions of the rule that were unchanged are not included in this technical support document (TSD).



                10 CSR 10-6.061 Construction Permit Exemptions

(1) Applicability. This rule shall apply to all installations in applies throughout the state of Missouri. Notwithstanding Tthe provisions of section (3) of this rule notwithstanding,
10 CSR 10-6.060 shall apply to any construction, reconstruction, alteration, or modification which -- 

(A) Is expressly required by an operating permit; or

(B) Is subject to federally-mandated construction permitting requirements set forth in sections (7), (8), or (9), or any combination of these, of 10 CSR 10-6.060.

(2) Definitions. Definitions for certain terms specified used in this rule may be are found in 10 CSR 10-6.0206.060.

EPA Analysis: The revisions to Sections (1) and (2) are administrative in nature and do not affect the stringency of the SIP. 


(3) General Provisions. The following construction or modifications are not required exempt from the requirement to obtain a permit under 10 CSR 10-6.060:

(A) Exempt Emission Units Sources of Emissions.

      1. The following combustion equipment isfrom
      2.1. 10 CSR 10-6.060 if the equipment that emits only combustion products and the equipment produces less than one hundred fifty (150) pounds per day of any air contaminant:
       
      A. Any cCombustion equipment using exclusively natural gas, or liquefied petroleum gas, or any combination of these with a heat input capacity of less than ten (10) million British thermal units (Btus) per hour heat input;

      B. Any cCombustion equipment with a heat input capacity of less than one (1) million Btus per hour heat input;

      C. Drying or heat treating ovens with less than ten (10) million Btus per hour heat input capacity provided the oven does not emit pollutants other than the combustion products and the oven is fired exclusively by natural gas, liquefied petroleum gas, or any combination thereof; and

      D. Any oOven with a total production of yeast -leavened bakery products of less than ten thousand (10,000) pounds per operating day heated either electrically or exclusively by natural gas firing with a maximum heat input capacity of less than ten (10) million Btus per hour.

      3.2. The following establishments, systems, equipment and operations are exempt from 10 CSR 10-6.060:

      A. Office and commercial buildings, where emissions result solely from space heating by natural or liquefied petroleum gas with a heat input capacity of less than twenty (20) million Btus per hour heat input. Incinerators operated in conjunction with these sources are not exempt unless the incinerator operations are exempt under another section of this rule;

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

      C. Equipment used for any mode of transportation;

(Section (3)(A)2.D. is not included in the SIP.)

      E. Any gGrain handling, storage, and drying facility which -- 
      
            (I) Is in noncommercial use only (used only to handle, dry, or store grain produced by the owner) if -- 
            
                  (a) The total storage capacity does not exceed seven hundred fifty thousand (750,000) bushels;
                  
                  (b) The grain handling capacity does not exceed four thousand (4,000) bushels per hour; and
                  
                  (c) The facility is located at least five hundred feet (500') from any recreational area, residence, or business not occupied or used solely by the owner;
                  
            (II) Is in commercial or noncommercial use and -- 
            
                  (a) tThe total storage capacity of the new and any existing facility(ies) does not exceed one hundred ninety thousand (190,000) bushels;

                  (d) or
                  (e)
                  (f)(b) Is in commercial or noncommercial use and hHas an installation of additional grain storage capacity in which there is no increase in hourly grain handling capacity and that utilizes existing grain receiving and loadout equipment; or

(Section (3)(A)2.E.(II)(c) is not included in the SIP.)

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

      G. Any wWet sand and gravel production facility that meets the following criteria:

            (I) obtains its Processed materials are obtained from subterranean and subaqueous beds where the deposits of sand and gravel are consolidated granular materials resulting from natural disintegration of rock and stone; and whose

            (II) mMaximum production rate is less than five hundred (500) tons per hour.;

            (III) All permanent in- plant roads shall be within the facility are paved and cleaned, or watered, or properly treated with dust-suppressant chemicals as necessary to achieve good engineering control of dust emissions.;

            (I)(IV) Only natural gas shall be used as a fuel when drying;

      G.H. Equipment solely installed for the purpose of controlling fugitive dust;

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

      I.J. Equipment, including air pollution control equipment, but not including an anaerobic lagoon, that emits odors but no regulated air pollutants;

      J.K. Residential wood heaters, cookstoves, or fireplaces;

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

      L.M. Recreational fireplaces;

      M.N. 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;

      N.O. Noncommercial incineration of dead animals, the on-site incineration of resident animals for which no consideration is received or commercial profit is realized as authorized in section 269.020.6, RSMo 2000;

      O.P. The following miscellaneous activities:

...
   
      P.Q. The following internal combustion engines:

            (I) Portable electrical generators that can be moved by hand without the assistance of any motorized or non-motorized vehicle, conveyance, or device;
      
...

      Q.R. The following quarries, mineral processing, and biomass facilities:

...

            (IV) Sources at biomass recycling, composting, landfill, publicly owned treatment works (POTW), or related facilities specializing in the operation of, but not limited to, tub grinders powered by a motor with a maximum output rating of ten (10) horsepower,; hoggers, and shredders, and similar equipment powered by a motor with a maximum output rating of twenty-five (25) horsepower,; and other sources at such facilities with a total throughput less than five hundred (500) tons per year; and

            (V) Land farming of soils contaminated only with petroleum fuel products where the farming beds are located a minimum of three hundred feet (300') from the property boundary;
      
      R.S. The following kilns and ovens:

...

      S.T. The following food and agricultural equipment:

            (I) Any eEquipment used in agricultural operations to grow crops;

...
      
            (IV) Equipment used exclusively to grind, blend, package, or store tea, cocoa, spices, or coffee;

...

      T.U. Batch solvent recycling equipment provided the recovered solvent is used primarily on-site, the maximum heat input is less than one (1) million Btus per hour, the batch capacity is less than one hundred fifty (150) gallons, and there are no solvent vapor leaks from the equipment which exceed five hundred (500) parts per million;

      U.V. The following surface coating and printing operations:

            (I) Batch mixing of inks, coatings, or paints provided -- 
                  (a) The operations do not occur at an ink, coatings, or paint manufacturing facility;
                  (b) gGood housekeeping is practiced, spills are cleaned up as soon as possible, equipment is maintained according to manufacturer's instruction, and property is kept clean.; In addition,
                  (c) aAll waste inks, coating, and paints shall be disposed of properly.;
                  (a)(d) Prior to disposal, all liquid waste shall be is stored in covered container.; This exemption does not apply to ink, coatings, or paint manufacturing facilities;
...

      V.W. The following metal working and handling equipment:

...

      W.X. The following liquid storage and loading equipment:

...

      X.Y. The following chemical processing equipment or operations:

...

      Y.Z. Body repair and refinishing of motorcycle, passenger car, van, light trucks, and heavy trucks, and other vehicle body parts, bodies, and cabs, provided -- 
      
            (I) Good housekeeping is practiced; spills are cleaned up as soon as possible, equipment is maintained according to manufacturers' instructions, and property is kept clean. In addition, aAll waste coatings, solvents, and spent automotive fluids including, but not limited to, fuels, engine oil, gear oil, transmission fluid, brake fluid, antifreeze, fresh or waste fuels, and spray booth filters or water wash sludge are disposed of properly. Prior to disposal, all liquid waste shall be stored in covered containers. All In addition, all solvents and cleaning materials shall be stored in closed containers;
      
            (II) All spray coating operations shall be performed in a totally enclosed filtered spray booth or totally enclosed filtered spray area with an air intake area of less than one hundred (100) square feet. All spray areas shall be equipped with a running fan which shall be operated during spraying, and the exhaust air shall either be vented through a stack to the atmosphere or the air shall be recirculated back into the shop through a carbon adsorption system. All carbon adsorption systems shall be properly maintained according to the manufacturer's operating instructions, and the carbon shall be replaced at the manufacturer's recommended intervals to minimize solvent emissions; and
      
...

      BB. Internal combustion engines and gas turbine driven compressors, electric generator sets, and water pumps, used only for portable or emergency services, provided that the maximum annual operating hours shall not exceed five hundred (500) hours. Emergency generators are exempt only if their sole function is to provide backup power when electric power from the local utility is interrupted. This exemption only applies if the emergency generators are equipped with a non-resettable meter, and operated only during emergency situations and for short periods of time to perform maintenance and operational readiness testing. The emergency generator shall be equipped with a non-resettable meter;

...

      4.3. Construction or modifications are exempt from 10 CSR 10-6.060 if they that meet the requirements of subparagraphs (3)(A)3.B. of this rule for each hazardous air pollutant and the requirements of subparagraph (3)(A)3.A., (3)(A)3.C., or (3)(A)3.D. of this rule for each criteria pollutant. The director may require review of construction or modifications otherwise exempt under paragraph (3)(A)3. of this rule if the emissions of the proposed construction or modification will appreciably affect air quality or the air quality standards are appreciably exceeded or complaints involving air pollution have been filed in the vicinity of the proposed construction or modification.

...

(B) Excluded Activities. 10 CSR 10-6.060 does not apply to Any activity that is -- 

      1. Routine maintenance, parts replacement or relocation of emission 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. Some examples are as follows:

...

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

      D. Replacement of Replacing boiler tubes;

      E. Replacement of Replacing piping, hoods, and ductwork; and

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

      2. 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. Some examples are as
follows:

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

      B. Change in Changing the sequence of the process;

      C. Change in Changing the method of raw material addition;

      D. Change in Changing the method of product packaging;

      E. Change in Changing the process operating parameters;

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

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

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

...

      4. The exempt activities in paragraphs (3)(B)1. - 3. of this rule reflect a presumption that existing emission units which are changed or replaced by like-kind units shall be treated as having begun
normal operation for purposes of the definition of determining actual emissions in 10 CSR 10-6.020;

      5. The following miscellaneous activities:

      A. Plant maintenance, and upkeep activities such as routine cleaning, janitorial services, use of janitorial products, grounds keeping, general repairs, architectural or maintenance painting, welding repairs, plumbing, roof repair, installing insulation, using air compressors and pneumatically operated equipment, and paving parking lots, provided these activities are not conducted as part of the installation's primary business activity;

...

(C) Exceptions to Excluded Activities. The exclusion provisions of subsection (3)(B) of this rule notwithstanding, 10 CSR 10-6.060 shall apply to any construction, reconstruction, alteration or modification which -- 

1. Is expressly required by an operating permit; or

2. Is subject to federally-mandated construction permitting requirements set forth in sections (7), (8), or (9), or any combination of these, of 10 CSR 10-6.060.

EPA Analysis: The revisions to Subsections (3)(A) and (B) are administrative in nature and do not affect the stringency of the SIP. The removal of Subsection (3)(C) does not affect the stringency of the SIP because the applicability provisions, which list the same criteria as Subsection (3)(C), remain in Section (1). EPA finds this change streamlines the rule requirements and does not negatively impact the stringency of the SIP. Sections (3)(A)2.D. and (3)(A)2.E.(II)(c) are not SIP approved and not included in this revision.


(4) Reporting and Record Keeping. The operator shall maintain records in sufficient detail to show compliance with the exemptions in paragraph (3)(A)3. of this rule. Any noncompliance with the requirements in this paragraph constitutes a violation and is grounds for enforcement action and the exemption will no longer apply. Operators of installations found to be not in compliance with the requirements of this paragraph shall be required to apply for a construction permit under 10 CSR 10-6.060. The exemptions shall be documented as follows:

(A) Record keeping shall begin on the date the construction, reconstruction, modification, or operation commencement and records shall be maintained to prove potential emissions are below de minimis levels and that actual emissions are below the exemption threshold levels in paragraph (3)(A)3. of this rule. Records shall be maintained using Emission Inventory Questionnaire (EIQ) methods in accordance with EIQ emission calculation hierarchy; or

... 

(5) Test Methods. (Not Applicable)

EPA Analysis: The revisions to Sections (4) are administrative in nature and do not affect the stringency of the SIP. 

