MEMORANDUM 
 
SUBJECT: 	Technical Support Document for Approval of a Missouri State Implementation Plan Revision relating to Restriction of Particulate Matter to the Ambient Air Beyond the Premises of Origin
 
FROM: 		Steven Brown 
                  ARD/APPB/APS 
 
TO: 			EPA-R07-OAR-2023-0193; MO-422
 
THROUGH:  	Amy Algoe-Eakin, Branch Supervisor 
                  ARD/APPB
                  
SUMMARY:  
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Missouri State Implementation Plan (SIP) received from the Missouri Department of Natural Resources (MoDNR) as a SIP revision submission on March 7, 2019.
  
Specifically, the revisions are to the existing rule, Title 10, Division 10 of the Code of State Regulations, (10 CSR 10-6.170) "Restriction of Particulate Matter to the Ambient Air Beyond the Premises of Origin", with a restructured version of the same rule. The rule was SIP approved in 40 CFR § 52.1320(c) on May 1, 2000 (65 FR 17164). The purpose of the state regulation is to restrict particulate matter to the ambient air beyond the premises of origin.

These proposed revisions restructure the rule to the MoDNR standard rule organizational format, add definitions specific to this rule and removes unnecessary words.

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. In some sections there may be an EPA notation at the beginning of the section explaining rearrangement of language.

10 CSR 10-6.170 Restriction of Particulate Matter to the Ambient Air
 Beyond the Premises of Origin

     Restrictions to Limit Fugitive Particulate Matter Emissions. It shall be a violation of this regulation if, in the opinion of the staff director -- 

(A) Any person causes or allows to occur any handling, transporting or storing of any material; construction, repair, cleaning or demolition of a building or its appurtenances; construction or use of a road, driveway or open area; or operation of a commercial or industrial installation without applying reasonable measures as may be required to prevent, or in a manner which allows or may allow, fugitive particulate matter emissions to go beyond the premises of origin in quantities that the particulate matter may be found on surfaces beyond the property line of origin. The nature or origin of the particulate matter shall be determined to a reasonable degree of certainty by a technique proven to be accurate and approved by the
director; or

(B) Any person causes or allows to occur any fugitive particulate
matter emissions to remain visible in the ambient air beyond the
property line of origin.

EPA Analysis:  The revisions to section (1), (1)(A) and (1)(B) are administrative in nature and do not affect the stringency of the SIP.

Section 1. (A): This revision moves the language to section (3) "General Provisions" under subsection (A)1. and subsection (A)2. and  removes unnecessary words. 

Section 1. (B):  This revision moves the language to section (3) "General Provisions" subsection (A)1B. and removes unnecessary words. 

Note: At the bottom of this TSD, you can find the completed revised version of this rule in bold text.  

Rule continues- 

 (2) Should the director determine that noncompliance with section
 (1) has occurred at a location, the director may require reasonable control measures, as may be necessary. These measures may include, but are not limited, to the following:

 Revision of procedures involving construction, repair, cleaning and demolition of buildings and their appurtenances that produce particulate matter emissions;

 Paving or frequent cleaning of roads, driveways and parking

 lots;

      C.  Application of dust free surfaces;

      D.  Application of water; and

      E.  Planting and maintenance of vegetative ground cover.
       
EPA Analysis:  The revisions to section (2)(A)(B)(C)(D)(E) are administrative in nature and do not affect the stringency of the SIP.

Section (2) (A)(B)(C)(D)(E): This revision moves the unchanged language to Section (3) "General Provisions" under subsection (B) 1, 2, 3, 4, 5.  

Note: At the bottom of this TSD, you can find the completed revised version of this rule in bold text.

Rule continues- 

(3) Exceptions. Section (1) shall not apply to the following:

(A) Those portions of unpaved public roads that are not designated as nonattainment areas for 
particulate matter;

(B) Agricultural operations including tilling, planting, cultivating or harvesting within a field, 
the moving of livestock on foot or the hauling of produce within the confines of a farm; and

(C) Driveways limited to residential use.

EPA Analysis:  The revisions to the "Exemptions" section (3)(A)(B)(C) are administrative in nature and do not affect the stringency of the SIP.

Section (3) (A)(B)(C): This revision moves the unchanged language to Section (1) "Applicability" under subsection (A)(B)(C).  

Note: At the bottom of this TSD, you can find the completed revised version of this rule in bold text.

Rule continues- 

(4) The staff director may allow an exemption for unusual and
adverse weather conditions for any activity which would otherwise be
a violation of section (1). These conditions may include, but are not
limited to, high winds, extended dry weather periods and extreme cold
weather periods.
(D) Fugitive PM emissions in violation of this rule which, according
to the director, occurred due to unusual or adverse weather
conditions. These conditions may include, but are not limited to,
high winds, extended dry weather periods, and extreme cold weather
periods.

EPA Analysis:  The revisions to section (4) are administrative in nature and do not affect the stringency of the SIP.  See below for explanation of changes.

Section (4): This revision rewrites the paragraph and moves the language to Section (1) "Applicability" under subsection (D). The revisions do not substantively change the language from the previous Section (4). Therefore, the intent of the paragraph remains unchanged.



Note: At the bottom of this TSD, you can find the completed revised version of this rule in bold text.


Rule continues-

EPA Note: See below in bold text Missouri's completed version of the structural,  organizational and wording changes to this rule. Please see that Section 2 has been created as the "Definitions" section and adds six definitions that are specific to this rule. Over the years, MoDNR has gone away from referencing definitions within Missouri's state rules and have been adding the definitions to each rule as they are revised and/or created.

(1) Applicability. This rule applies to any operation, process, or
activity resulting in fugitive particulate matter (PM) emissions
throughout the state of Missouri, with the following exceptions:

(A) Fugitive PM emissions from unpaved public roads located in areas
not designated as nonattainment for PM;

(B) Agricultural operations including tilling, planting, cultivating
or harvesting within a field, the moving of livestock on foot, or the
hauling of produce within the confines of a farm;

(C) Fugitive PM emissions from driveways limited to residential use;
and

(D) Fugitive PM emissions in violation of this rule which, according
to the director, occurred due to unusual or adverse weather
conditions. These conditions may include, but are not limited to,
high winds, extended dry weather periods, and extreme cold weather
periods.

(2) Definitions.

(A) Control measure -- Any means which reduce the quantity of a
pollutant that is emitted into the air.

(B) Director -- Director of the Missouri Department of Natural
Resources or a representative designated to carry out the duties as
described in 643.060, RSMo.

(C) Facility -- All contiguous or adjoining property that is under
common ownership or control, including properties that are separated
only by a road or other public right-of-way.

(D) Fugitive particulate matter emissions -- Any particulate matter
emissions which could not reasonably be passed through a stack,
chimney, vent, or other functionally equivalent opening.

(E) Nonattainment area (NAA) -- Any geographic area of the United
States which has been designated as nonattainment under section 107
of the Clean Air Act and described in 40 CFR 81.

(F) Particulate matter -- Any liquid or solid material, except
uncombined water, that exists in a finely divided form with an
aerodynamic diameter smaller than one hundred micrometers (100 μm).

(3) General Provisions.

(A) Restrictions to Limit Fugitive Particulate Matter Emissions.

     1. No person shall cause or allow fugitive particulate matter
emissions to -- 

        A. Go beyond the premises of origin in such quantities
that the particulate matter may be found on surfaces beyond the
property line of origin due to the following activities:
          
          (I) Handling, transporting, or storing of any
material;

          (II) Construction, repair, cleaning, or demolition of
a building or its appurtenances;
          
          (III) Construction or use of a road, driveway, or open
area; or
          
          (IV) Operation of a commercial or industrial facility;
or

        B. Remain visible in the ambient air beyond the property
line of origin.
     
     2. The nature or origin of the particulate matter shall be
determined to a reasonable degree of certainty by a technique proven
to be accurate and approved by the director.

(B) Should the director determine that noncompliance with subsection
(3)(A) has occurred at a location, the director may require
reasonable control measures, as may be necessary. These measures may
include, but are not limited to, the following:
     
     1. Revision of procedures involving construction, repair,
cleaning, and demolition of buildings and their appurtenances that
produce particulate matter emissions;

     2. Paving or frequent cleaning of roads, driveways, and
parking lots;
     
     3. Application of dust-free surfaces;
     
     4. Application of water; and
     
     5. Planting and maintenance of vegetative ground cover.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test Methods. (Not Applicable)
