


                                       


MEMORANDUM

SUBJECT:	Technical Support Document (TSD) for Proposed Partial Approval and Partial Disapproval of Revisions to Missouri Rule 10 CSR 10-6.060, Construction Permits Required 

FROM:	Keith Johnson 
            Air Permitting and Standards Branch

THRU:	Andy Hawkins, Branch Chief
            Air Quality Planning Branch

TO:	MO-429 and MO-453; EPA-R07-OAR-2022-XXXX


SUMMARY


The Environmental Protection Agency (EPA) is proposing to partially approve and partially disapprove revisions to the Missouri State Implementation Plan (SIP). The EPA received two SIP revision submissions from the Missouri Department of Natural Resources (MoDNR) on March 20, 2019 and June 10, 2021. 

This State Implementation Plan (SIP) revision is to the Missouri rule at Title 10, Division 10 of the Code of State Regulations (CSR)  -  10 CSR 10-6.060, Construction Permits Required.  This rule defines sources required to obtain permits to construct. It establishes requirements to be met prior to construction or modification of any sources; a procedure for the permitting authority to issue general permits; permit fees; and public notice requirements for certain permits.

In the 2019 SIP submission, MoDNR stated that the revisions to the Construction Permits Required rule were extensive in order to clarify requirements and procedures for improving readability and regulatory certainty. In addition, these proposed changes remove outdated references to incorporation by reference information in 10 CSR 10-6.030(21) and 10 CSR 10-6.075(3)(A) and added appropriate incorporation by reference information to this rule. The proposed changes clarify the definition of "portable equipment installation" and added procedures for issuing general permits. These also include administrative edits and typographical corrections.

EPA is proposing to disapprove Section (1)(B) regarding voluntary permits. EPA proposes to find that the language of the voluntary permit provision is too vague. For a SIP revision to be approved, EPA evaluates the rule revisions to ensure that any new provisions are permanent, quantifiable, and enforceable. EPA is proposing disapproval because there is no information in the rule on the conditions, requirements, and parameters for applying for, issuing, or implementing voluntary permits. Based on the limited language in the rule, it is unclear how MoDNR intends to implement the proposed provision. Therefore, EPA is proposing to disapprove Section (1)(B) of the rule.

EPA is proposing to approve the 2021 SIP submission amendments. These amendments contain administrative text edits and clarifications. A clarification to the definition of Portable equipment was added in Section 2 to explicitly state that "any other air pollutant" includes PM10 and PM2.5. EPA proposes to find that this rule revision would not interfere with maintenance of the PM2.5 or PM10 NAAQS. The submission also clarifies referenced materials and ensures consistency with the federal requirements.

Also noteworthy to this action, EPA has taken a separate, yet related rulemaking action, for ethanol facilities. This EPA SIP action was effective on May 18, 2020 (85 FR 21329).  In that action, EPA only approved Section 7, subsection 7(A)(1), and Section 8 of 10 CSR 10-6.060. All remaining revisions of 10 CSR 10-6.060 were not SIP approved. In this action, EPA is acting on the remainder of the rule text that was left incomplete by the previous action. In addition to the proposed disapproval of the voluntary permits provision, the following provisions are not approved into the SIP: 

 Provisions of the 2010 PM2.5 Prevention of Significant Deterioration (PSD) -- Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentrations (SMCs) rule relating to SILs and SMCs that were affected by the January 22, 2013 U.S. Court of Appeals decision are not SIP approved.
            
 Provisions of the 2002 New Source Review (NSR) reform rule relating to the Clean Unit Exemption, Pollution Control Projects, and exemption from recordkeeping provisions for certain sources using the actual-to-projected-actual emissions projections test are not SIP approved.

 Although exemptions previously listed in 10 CSR 10-6.060 have been transferred to 10 CSR 10-6.061, the federally approved SIP continues to include the following exemption, "Livestock and livestock handling systems from which the only potential contaminant is odorous gas."

DESCRIPTION AND ANALYSIS OF REVISIONS TO CONSTRUCTION PERMITS REQUIRED RULE, 10 CSR 10-6.060

As outlined above, the MoDNR articulated that the Construction Permit Required Rule underwent substantive revisions. 

Below is a summary table of the sections of the current SIP approved version of 6.060 as compared to the revised version of 6.060.  This table is intended as a crosswalk to illustrate the key sections from the "current" SIP approved rule and the rule that EPA is proposing to approve into the SIP through this action.

RULE PROVISIONS
Current SIP Approved Rule
Proposed SIP Rule
Applicability
Section 1
Section 1 (Note: Section 1B proposed for disapproval)
Definitions
Section (1)(A)
Section 2
Application and Permit Procedures.
Subsection (12)(A), Appendix A of this rule and, when applicable, subsection (12)(B), Appendix B
Section 3
Portable Equipment Permits, Amendments, and Relocations.
Section 4
Section 4
De Minimis Permits
Section 5

Minor Permits

Section 5
General Construction Permit
Section 6
Section 6
Nonattainment Area Major Permits
Section 7
Section 7
Attainment and Unclassified Area Major Permits
Section 8
Section 8
Major Case-by-Case Hazardous Air Pollutant Permits
Section 9
Section 9
Temporary Operations and Pilot Trials.
Section 3
Section 10
Permit Amendments to Final Permits
Section 10
Section 11
Appendices.

Appendix A, Permit Review Procedures
Appendix B, Public Participation
Appendix C, Offsets. Offset provisions may be found in 10 CSR 10-6.410
Appendix D, Banking. Banking provisions may be found in 10 CSR 10-6.410
Appendix E, Innovative Control Technology
Appendix F, Air Quality Models
Appendix G, Increment Tracking
Appendix H, Impacts on Class I Areas
Appendix I, Attainment and Unclassified Area
Appendix J, Air Quality Analysis for Hazardous Air Pollutants

Section 12

Appendix A, Public Participation
Appendix B, Unified Review
Appendix C, Increment Tracking


EPA proposes to find that changes to the organizational structure and corrections to typographical errors did not impact the stringency or requirements of Missouri's Construction Permit Required rule. The proposed changes removed restrictive language while still maintaining the stringency of the regulation. 

Below, EPA provides the rule language and proposed changes along with EPA's analysis of the proposed changes by section or subsection of the revised state rule:

Section 1: Applicability
The Definitions subsection was previously under Section 1 and was moved to its own section under Section 2. In the new Section (1)(A), the applicability of when construction permits are required for an installation are outlined. The changes to Section 1 remove references to multiple sections and uses clearer language when a construction permit is required:

      Original language (1)(B): Covered Installations/Changes. This rule shall apply to installations throughout Missouri with the potential to emit any pollutant in an amount equal to or greater than the de minimis levels. This rule 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 section (6), (7), (8), or (9) of this rule. This rule shall apply to all incinerators, unless permitted under rule 10 CSR 10-6.062.

      New language (1)(A): Construction Permit Required. The owner or operator of a new or existing installation throughout Missouri that meets any of the following provisions must obtain a permit. 
      1. Before construction of a new installation that results in a potential to emit greater than de minimis threshold levels;
      2. Before new construction and/or modification that results in an emission increase greater than the de minimis threshold levels at an existing installation with potential to emit less than de minimis threshold levels;
      3. Before new construction and/or modification that results in an emission increase at an existing installation whose potential to emit exceeds de minimis threshold levels or is less than de minimis threshold levels due to taking practically enforceable requirements in a permit;
      4. The new construction and/or modification is a major modification as defined in 40 CFR 52.21(b) or for nonattainment pollutants as defined in 40 CFR 51.165(a)(1)(v); or
      5. Before construction of an incinerator. 
      
Section 1(B) added a new voluntary permit provision. EPA is proposing to disapprove this provision, see rationale below in the EPA Analysis of this section. 

      New language (1)(B): Voluntary Permit. An installation in Missouri may obtain a permit under this rule in order to acquire voluntary, enforceable limits. 

For clarity, the Construction and Operation Prohibited Prior to Permitting was moved from Construction/Operation Prohibited to its own subsection. The new language lists each requirement as its own sub-regulation.  

      Original language (1)(C): Construction/Operation Prohibited. No owner or operator shall commence construction or modification of any installation subject to this rule, begin operation after that construction or modification, or begin operation of any installation which has been shut down longer than five (5) years without first obtaining a permit from the permitting authority under this rule.  For sources not subject to review under sections (7), (8), or (9) of this rule, construction may be commenced if authorized by the director. A request for authorization must include: a signed waiver of any state liability; a complete list of the activities to be undertaken; and, the applicant's full acceptance and knowledge of all liability associated with the possibility of denial of the permit application. A request will not be granted unless an application for permit approval under this rule has been filed. The waiver is not available to sources seeking federally enforceable permit restrictions to avoid review under sections (7) - (9) of this rule.
      
      New language (1)(D): Construction and Operation Prohibited Prior to Permitting. Owners or Operators shall obtain a permit from the permitting authority, except as allowed under subsection (1)(D) of this rule, prior to any of the following activities:
      1. The beginning of actual construction or modification of any installation subject to this rule;
      2. Operation after construction or modification; or
      3. Operation of any emission unit that has been permanently shutdown.

Again, for clarity, the Construction Allowed Prior to Permitting was moved from Construction/Operation Prohibited to its own subsection. The new language lists each requirement as its own sub-regulation.  

      Original language (1)(C): ...For sources not subject to review under sections (7), (8), or (9) of this rule, construction may be commenced if authorized by the director. A request for authorization must include: a signed waiver of any state liability; a complete list of the activities to be undertaken; and, the applicant's full acceptance and knowledge of all liability associated with the possibility of denial of the permit application. A request will not be granted unless an application for permit approval under this rule has been filed. The waiver is not available to sources seeking federally enforceable permit restrictions to avoid review under sections (7) - (9) of this rule.
      
      New language (1)(E): 	Construction Allowed Prior to Permitting. A Pre-Construction Waiver may be obtained with authorization of the director by sources not subject to review under section (7), (8), or (9) of this rule, or sources seeking federally enforceable permit restrictions to avoid review under section (7), (8), or (9) of this rule. 
      1. A complete request for authorization includes:
      A. A signed waiver of any state liability; 
      B. A complete list of the activities to be undertaken; and 
      C. The applicant's full acceptance and knowledge of all liability associated with the possibility of denial of the permit application. 
      2. A request will not be granted unless an application for permit approval under this rule has been filed or if the start of actual construction has occurred.

EPA Analysis:
EPA is proposing to disapprove Section (1)(B) covering voluntary permits. EPA proposes to find the language of Section (1)(B) to be too vague for the conditions in which these permits would be issued based on the requirements of 40 CFR 51.160(a), CAA § 110(a)(2)(A), and the John S. Seitz EPA Guidance Memo of September 23, 1987, titled "Review of State Implementation Plans and Revisions for Enforceability and Legal Sufficiency."

 Under 40 CFR 51.160(a), "each plan must set forth legally enforceable procedures that enable the State or local agency to determine whether the construction or modification of a facility, building, structure or installation, or combination of these will result in - (1) A violation of applicable portions of the control strategy; or (2) Interference with attainment or maintenance of a national standard in the State in which the proposed source (or modification) is located or in a neighboring State." EPA proposes to find that the vague language of the voluntary permit provision does not provide "legally enforceable procedures" for the implementation of voluntary permits; such as the requirements for issuance, the process for issuance and parameters for the types of limits a facility can take. Furthermore, for a provision to be approved under the SIP, CAA § 110(a)(2)(A) requires the provision to contain enforceable measures. EPA finds that the voluntary permit provision does not contain enforceable measures due to the vague regulatory language that does not provide clarity for implementation. 

Additionally, based on the Seitz memo guidance, the proposal language lacks clarity on the effect of changed conditions and standard of conduct. The Seitz memo states that it "should be clear to whom the regulation applies" and as the proposed language for voluntary permits does not contain clear conditions or specifications under which voluntary permits would be issued. The memo states that "the regulation must be sufficiently specific so that a source is fairly on notice as to the standards it must meet," however the proposed provision does not include enforceable language for the type of "limits" a source can take. The proposed provision does not include enforceable language for the process of issuing a permit. Based on the language of Section (1)(B), it is not clear how Missouri will issue permits or implement those permit conditions. The vague language does not ensure the new provision will be permanent, quantifiable, and enforceable. For these reasons, EPA is proposing to disapprove Section (1)(B) of 10 CSR 10-6.060. 

The changes to Section 1 that are proposed for approval maintain the standards for ensuring construction permits protect air quality standards. The requirements for obtaining a construction permit remain as stringent as before because neither the applicability nor the de minimis levels have changed. 

The new language for Construction and Operation Prohibited Prior to Permitting section reduces the number of references to additional sections. Federally enforceable language was added to the Definition section, where previously a reference to a different section with federally enforceable language was used.  The exemptions to this rule were moved to (1)(E). EPA is proposing to approve the revisions to Section (1). 

Section 2: Definitions

New definitions were added to the rule to increase the clarity of terms within the rule, better correspond to federal regulations, and reduce multiple references to other sections. These added definitions match the definitions previously approved under the SIP.

      Added definitions in Section (2): alternate site analysis (C), ambient air increments (D), emissions (E), emission increase (F), good engineering practice (GEP) stack height (F), incinerator (H), modification (I), offset (K), permanently shutdown (L), pilot trials (M), pollutant (N), portable equipment (P), refuse (R), risk assessment levels (S), screening model action levels, (T), shutdown (V), start-up (W), temporary installation (X), 

The changes remove references to incorporation by reference information in 10 CSR 10-6.030(21) and 10-6.075(3)(A) and adds the incorporation by reference information to this rule. Example of the changes to incorporation to remove duplicative language:

      Original language (1)(A)(D): Significant is defined in 40 CFR 51.165(a)(1)(x), promulgated as of July 1, 2011, and hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

      New language (7)(A)(5): Significant is defined in 40 CFR 51.165(a)(1)(x) as specified in 10 CSR 10-6.030(21).

In the Definition section of the proposed rule [(2)(O-P)], a `portable equipment' and `portable equipment installation' are more clearly defined "Any equipment that is designed and maintained to be movable, primarily for use in noncontinuous operations. Portable equipment includes rock crushers, asphaltic concrete plants, and concrete batching plants." The definition also expands the potential to emit threshold of particulate matter from 100 tons per year to 250 tons per year for the entire installation. 

      (2)(P)1. The potential to emit of this installation is of less than two hundred fifty (250) tons per year of particulate matter (PM) and less than one hundred (100) tons per year of any other air pollutant, including PM2.5 and PM10, taking into account any federally enforceable conditions.

The twenty-four consecutive month limit of a `portable equipment installation' was moved to the Definition section:

      (2)(P)2: Any equipment cannot operate at a location for more than twenty-four (24) consecutive months without an intervening relocation.

EPA Analysis:
For the change in definition to "portable equipment installation," the revised threshold still maintains limits for the entire portable plant installation to be below major source levels. The threshold does not apply to new construction or modification of existing sources but the entire installation, thus not exceeding the de minimis thresholds that could potentially trigger Prevention of Significant Deterioration review. The 2021 SIP submission clarified that PM2.5 and PM10 are considered air pollutants with a 100 ton per year threshold for a major source.   

In addition to the justification provided by the State, EPA evaluated whether this rule revision could potentially interfere with maintenance of the National Ambient Air Quality Standards (NAAQS) in accordance with Section 110(l) of the CAA. Because the revised threshold is specific to PM, EPA considered current air quality in Missouri with respect to the PM2.5 and PM10 NAAQS. All PM2.5 and PM10 monitors in Missouri are currently measuring below the applicable standards and all areas are designated as attainment/unclassifiable for the PM10 and PM2.5 NAAQS. Based on EPA's analysis in conjunction with the State's analysis, EPA proposes to find that this rule revision would not interfere with maintenance of the PM2.5 or PM10 NAAQS.

The changes of definitions and addition of new definitions help to closer align with federal regulations. 
EPA believes the revisions meet the requirements of 40 CFR 51.160. EPA proposes to approve the revisions to Section 2. 

Section 3: Application and Permit Procedures

The original Subsection (12)(A) Appendix A, Subsection (12)(B) and Appendix B are now Section 3 Application and Permit Procedures. 

The following sentence of the original language [(12)(A)1] was removed from the new language: This meeting shall not fall under the permit fee requirements. The permit application fees outlined in (3)(H) apply to submittal of the permit and not a preapplication meeting, so the language was unnecessary.

A required preapplication meeting requirement was added for nonattainment area major permits (7), attainment and unclassified area major permits (8), and major case-by-case hazardous air pollutant permits (9):
      
      New language (3)(A)2: A preapplication meeting is required thirty (30) days prior to application submittal of a section (7), (8), or (9) permit application.

The new language is organized in chronological order of the permitting process. The requirements for application and permit procedures remain as stringent as the original language. The new organization of Section (3) is as follows:
 (A) Preapplication Meeting
 (B) Permitting Authority's Responsibility Regarding the Permit Application 
 (C) Applicant Responsibilities Regarding the Permit Application
 (D) Completeness Review of Application 
 (E) Conditions that the permitting authority can require in permit
 (F) Following review of an application, the permitting authority will issue a draft permit for public comment
 (G) Final permit determination. 
 (H) Fees.
 (I) Final Permit Issuance
 (J) After a permit has been granted

EPA Analysis:
The construction application and permit procedures remain as stringent as the previously approved rule. The changes allow increased clarity for the applicant by outlining the procedures in chronological order. EPA believes Section 3 meets the requirements set forth in 40 CFR 51.160. 

Section 4: Portable Equipment Permits, Amendments, and Relocations

As explained in Section 2, the definition of `portable equipment installation' was added to limit the installation to below major source levels; with the potential to emit of less than 250 tons per of particulate matter and 100 tons of any other air pollutants. Section 4 Applicability cites the definition of `portable equipment installation' from Section 2:

      (4)(B): Applicability. This section of the rule applies to construction or modification occurring at a portable equipment installation as defined in section (2) of this rule.

The references for the procedures for review and issuance of the initial permit application have been updated:

      Original language (4)(B): The equipment was permitted previously under either section (5), (6), (7), or (8) of this rule and the previous permit is still valid.
	
      New language (4)(B): The director may require an air quality analysis that is not required under subsection (5)(D) of this rule if it is likely that the emissions of the proposed construction or modification will affect air quality or the air quality standards listed in paragraphs (3)(I)3. through 6. of this rule or complaints filed in the vicinity.

The new language addresses modification requirements to a portable equipment installation that comply with Section (11) Permit Amendments to Final Permits.

      New language (4)(C): The review of any modifications to the portable plant will follow the amendment procedures outlined in section (11) of this rule.

The following language was changed regarding protection of air quality and air quality standards. 

      Original language (4)(D)1: ...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...
      
      New language (4)(E): The director may require an air quality analysis that is not required under subsection (5)(D) of this rule if it is likely that the emissions of the proposed construction or modification will affect air quality or the air quality standards listed in paragraphs (3)(I)3. through 6. of this rule or complaints filed in the vicinity.

EPA Analysis:
The requirements for a portable equipment permit include stringent provisions for maintaining the air quality standards. EPA proposes to find that this revision meets the requirements of Section 110(l) and 193 of the CAA, also known as the "anti-backsliding" provisions, as the threshold requires the entire portable plant to be below major source levels. The threshold does not apply to new construction or modification, but the entire installation. See EPA Analysis under Section 2 for further rationale. EPA believes the revisions meet the requirements of 40 C.F.R. 51.160. EPA proposes to approve the revisions to  Section 4. 

Section 5: Minor Permits

The original Section 5 De Minimis Permits and Section 6 Minor Permits are now covered in the updated Section 5 Minor Permits. 

De minimis permits were updated to allow batch-type production processes from a single installation: 
      
      New Language (5)(C): 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 developed for those batch-type production processes that frequently change products and component source operations. Operating in violation of the conditions of a special case de minimis permit is a violation of this rule.

The modeling requirements for minor source construction permits under (6)(D) and (6)(E) ensure that the proposed construction or modification will not: 

      1. interfere with the attainment or maintenance of NAAQS and the air quality standards established in 10 CSR 10-6.010; or 
      2. Cause or contribute to an exceedance of the risk assessment levels for all pollutants that exceed the screening model action levels.

EPA Analysis:
EPA believes these revisions meet the requirements set forth in 40 CFR 51.160. 
EPA proposes to approve the revisions to Section 5. 

Section 6: General Construction Permit

The criteria for a general construction permit issuance are covered in new language (6)(A). Section 6 was previously titled "General Permit Requirements for Construction or Emissions
Increase Greater Than De Minimis Levels." The revised Section 6 is titled "General Construction Permit." A new streamlined permitting option was added that provides pre-determined control and emission limitation requirements for entire minor source categories.  General construction permits are issued by MoDNR to cover a category of a single emission unit, the same type of emission units, or an entire minor source if the sources in the category that meet the criteria of (6)(A)1.A-C. 

To ensure the general construction permit maintains ambient air quality, the following is required by the permitting authority: 

      (6)(A)2.A. A technical review of the source category is completed by the permitting authority to determine the appropriate level of control, if any, as well as any emission or operational limitations for the affected emission units at the source as necessary to assure that ambient air quality is maintained; and 	
      B. The permitting authority's analysis of the effect of the construction of the minor source or modification under the general permit on ambient air quality.

(6)(A)3 covers the minimum elements that must be included in a general construction permit: Identification of the specific category of emission units or sources to which the general permit applies, including any criteria that the emission units or source must meet to be eligible for coverage under the general permit [(6)(A)3.A.]. 

(6)(B) covers the public participation requirements of general construction permits. The public participation requirements and process remain as stringent as previous SIP approved construction permit public participation requirements. Permit amendments to general construction permits (6)(C) other than clerical corrections will require public participation of (6)(B). (6)(I) ensures that all supporting documents used to create a general construction permit is maintained and made available upon request. 

(6)(G) grants the director authority to revoke authorization of a general construction permit. This authority allows general construction permits to be revoked if the source does not meet ambient air quality standards. Examples of when a director may revoke permits:
      
      1. The facility is not in compliance with the conditions of the general construction permit; 2. The emission units covered under the general construction permit are part of a larger construction or modification that includes units not covered under the general construction permit; or 
      3. The owner or operator does not start actual construction within two (2) years of being granted coverage under the general permit.

EPA Analysis:
The revised Section 6 gives the state air permitting agency authority to develop "general" permits. The general permits add a new streamlined permitting option containing standardized pre-determined control and emission limitation requirements for entire minor source categories.  General permits can be used to streamline permitting requirements for categories of emissions units or stationary sources that are similar in nature, have substantially similar emissions, and would be subject to the same or substantially similar permit requirements. Examples of general permits used by EPA and other states include hot mix asphalt plants; stone quarrying, crushing, and screening facilities, auto body repair and miscellaneous surface coating operations, gasoline dispensing facilities, petroleum dry cleaning facilities, among others. Once a general permit has been developed and undergone public review, a source, if eligible, may elect to comply with a general permit in lieu of going through case-by-case permit review.

EPA supports the use of streamlining techniques like general permits. Further, the language is similar to the procedures used by EPA to issue general permits under its Tribal NSR permitting program. EPA believes this revisions are consistent with 40 CFR 51.160.  EPA proposes to approve the revisions to Section 6.  

Section 7: Nonattainment Area Major Permits

A definition subsection was added to Section 7. The definitions of (7)(A)2-5 incorporate by reference the federal regulations definitions of 40 C.F.R. 51.165 Permit Requirements.  
	
      (7)(A) Definitions. Solely for the purposes of this section, the following definitions apply to terms in place of definitions for which the term is defined elsewhere, including the reference to 40 CFR 52.21 in paragraph (7)(B)6. of this rule:

The following language was changed so the definition of major modification is more aligned with federal regulations: (7)(B) Applicability Procedures. The following provisions of this subsection are used to determine, prior to beginning actual construction, if a project is a new major stationary source or a major modification at an existing major stationary source is a major modification and thus subject to the permit application and review requirements of subsection (7)(B) of this rule.

The following regulation added an incorporated by reference to 40 CFR 52.21: (7)(C)10 The applicant shall provide an analysis of impairment to visibility in any Class I area (those designated in 40 CFR 52.21 as incorporated by reference in subsection (12)(I)(8)(A) of this rule).

The language for public comment was clarified with a better explanation of the public comment process:
	
      Original language (7)(F): All permit applications subject to subsection (7)(B) of this rule are subject to the public participation requirements in subsection (12)(B) of this rule.	

      New language (7)(G): Before issuing a permit subject to this section, the permitting authority will issue a draft permit and related materials for public comment in accordance with the procedures for public participation as specified in subsection (12)(A), Appendix A of this rule.

EPA Analysis:
The changes made to Section 7 improve clarity of the regulations for applicants and are more aligned with the federal regulations. EPA believes that the requirements of non-attainment area major permits meet the requirements of the Clean Air Act. EPA proposes to approve the revisions to Section 7.  

Section 8: Attainment and Unclassified Area Major Permits

Outdated Federal Register citations were removed in (8)(A) and replaced with the most recent federal rule promulgation date of July 1, 2018. The physical address where Federal Register copies can be obtained was updated to the current location: 

      Original language: All of the subsections of 40 CFR 52.21, other than (a) Plan disapproval, (q) Public participation, (s) Environmental impact statements, and (u) Delegation of authority, promulgated as of July 1, 2012, and Federal Register Notice 77 FR 41051 promulgated July 12, 2012, Federal Register Notice 77 FR 65107 promulgated October 25, 2012, and Federal Register Notice 76 FR 28646 promulgated May 18, 2011, are hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.
      
      New language: All of the subsections of 40 CFR 52.21, other than (a) Plan disapproval, (q) Public participation, (s) Environmental impact statements, and (u) Delegation of authority, promulgated as of July 1, 2018, are hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions.

The language of (8)(C) was updated to clarify the public comment period before a permit is issued:

      Original language: All permit applications subject to section (8) of this rule are subject to the public participation requirements in subsection (12)(B) of this rule.

      New language: Before issuing a permit subject to this section, the permitting authority will issue a draft permit and related materials for public comment in accordance with the procedures for public participation in subsection (12)(A), Appendix A of this rule.

EPA Analysis:
The changes made to Section 8 updated a physical address and added clarity for applicants. 
EPA believes these revisions meet the requirements of 40 CFR 51.160.  EPA proposes to approve the revisions to Section 8. 

Section 9: Major Case-by-Case Hazardous Air Pollutant Permits

MoDNR updated Section 9 of the Construction Permits Required rule. Section 9 outlines Hazardous Air Pollutant permit requirements which are exempt from hazardous air pollutant permit requirements unless they are listed on the source category list established in accordance with section 112(c) of the CAA.  

We are taking no action on including revisions to Section 9 because Section 9 is not presently included in the SIP as Section 110 of the CAA does not regulate Hazardous Air Pollutants. However, EPA notes that parts of Section 9 are approved under Section 112(l). (81 FR 70025).

Section 10: Temporary Operations and Pilot Trials

The previous Section 3 `Temporary Installations and Pilot Trials' was moved to Section 10 and renamed `Temporary Operations and Pilot Trials.' The requirements for exempted temporary operations and pilot trials are retained in the new language: 
 The potential emissions from the construction or modification of an installation or source is less than one hundred (100) tons per year [(10)(A)2]; 
 The permitting authority receives the application for authority to construct prior to the start of the construction [(10)(A)3];
 The director may require an air quality analysis of the temporary operation or pilot trial if it is likely that the emissions of the proposed construction or modification will affect air quality or the air quality standards...[(10)(D)].

The following requirements were added to Temporary Operations and Pilot Trials: 
 The duration of the temporary operation or pilot trial will be less than two (2) years; [(10)(A)1];
  The pilot trials covered by this section do not include pilot trials used for any of the following:  
 1. The production of a product for sale, unless such sale is only incidental to the use of the pilot process or process equipment; or
 2. The treatment or disposal of waste that is designated, by listing or specified characteristic, as hazardous under federal regulations or state rules. [(10)(B)];
 This section of this rule does not apply to facilities or sources whose main operations are: 
 1. Experimental in nature; or 
 2. Characterized by frequent product changes.  [(10)(C)].
            
EPA Analysis:
The changes made to Section 10 added requirements to improve clarity on the definition of exempted temporary operations and pilot trials. EPA believes that the requirements of exempted temporary operations and pilot trial meet the requirements of the CAA. EPA proposes to approve the revisions to Section 10. 

Section 11: Permit Amendments to Final Permits

The previous Section 10 `Permit Fees and Amendments' was moved to Section 11 and renamed `Permit Amendments to Final Permits.'

The new format for the Permit Amendments to Final Permits is organized based on type of amendment. Permit amendments with increased emissions/air quality impact/increment consumption are covered in (11)(B), administrative amendments are covered in (11)(E) and technical amendments are covered in (11)(F). 

EPA Analysis:
The text for these changes can be found in the state submittal contained in the docket for this action. EPA believes requirements for permit amendments meet the requirements of the CAA. EPA proposes to approve the revisions to Section 11.  

Section 12: Appendices
Appendix A, Public Participation 

To make specific requirements clearer, the following regulations were reorganized from a single long regulation with multiple requirements into multiple regulations for each requirement: 

 The requirements for public notice were reorganized from the paragraph of Appendix (B)2.B into Appendix (A)B.(I)-(IX).
 The materials made available for public notice were reorganized from the paragraph of Appendix (B)2.C into Appendix (A)C.(I)-(III).
 The distribution of public notice was reorganized from the paragraph of Appendix (B)2.E into Appendix (A)D.(I)-(II).
 The procedures for public hearings were reorganized from the paragraph of Appendix (B)2.B into Appendix (A)E.(I)-(V).

EPA Analysis:
EPA believes the approval of these organizational revisions to Appendix A do not reduce the stringency of the SIP. EPA proposes to approve the revisions to Appendix A.

Appendix B, Unified Review

The original Section 2 `Unified Review' was moved to Appendix (B)1-3.
The original Appendix (A)12 was moved to Appendix (B)4. 

EPA Analysis:
No changes were made to the language affecting stringency of the regulations therefore EPA proposes believes these changes meet the requirements of the CAA. EPA proposes to approve the revisions to Appendix B. 

Appendix C, Increment Tracking 

The original Appendix (G)1-3 Increment Tracking was moved to Appendix C. The original Appendix (G)4 was removed as the exemption period has expired for the Energy Supply Environmental Coordination Act of 1974. 

EPA Analysis:
The changes to Increment Tracking did not affect the stringency of the rule and EPA believes the revisions meet the requirements of the CAA. EPA proposes to approve the revisions to Appendix C.

CONCLUSION

Based on EPA's analysis, EPA is proposing to partially approve and partially disapprove the revisions to 10 CSR 10-6.060 for the March 20, 2019 and June 10, 2021 SIP submittals. As described above, EPA proposes to disapprove the provision regarding voluntary permits under Section (1)(B) as the language is too vague and does not provide sufficient information for implementation. The existing regulatory language does not demonstrate that the provision will be permanent, quantifiable, and enforceable. 

The following are not approved under the MO 10 CSR 10-6.060 SIP:

 Provisions of the 2010 PM2.5 PSD - Increments, SILs and SMCs rule relating to SILs and SMCs that were affected by the January 22, 2013 U.S. Court of Appeals decision are not SIP approved.

 Provisions of the 2002 NSR reform rule relating to the Clean Unit Exemption, Pollution Control Projects, and exemption from recordkeeping provisions for certain sources using the actual-to-projected-actual emissions projections test are not SIP approved. 

 Although exemptions previously listed in 10 CSR 10-6.060 have been transferred to 10 CSR 10-6.061, the federally approved SIP continues to include the following exemption, "Livestock and livestock handling systems from which the only potential contaminant is odorous gas." 

 Provisions regarding voluntary permits. 

Record of Rule Making
Missouri Department of Natural Resources

2019 SIP Submittal: MO-429 6.060 Construction Permit Required 

Notice of Proposed Action

August 1, 2018

Public Hearing

September 27, 2018

Adopted by Missouri Air Conservation Commission (MACC)

November 29, 2018

Effective Date of Regulation

March 30, 2019

SIP Submittal sent to EPA Region 7 by MoDNR

March 20, 2019

Rule Package received by EPA Region 7 
March 20, 2019

2021 SIP Submittal: MO-453 6.060 Construction Permits Required

Notice of Proposed Action

August 26, 2019

Public Hearing
December 3, 2019

Adopted by Missouri Air Conservation Commission (MACC)

February 3, 2020

Effective Date of Regulation

May 30, 2020

SIP Submittal sent to EPA Region 7 by MoDNR

June 10, 2021

Rule Package received by EPA Region 7 
June 10, 2021

	
	
