MEMORANDUM 
 
SUBJECT: 	Technical Support Document (TSD) for Approval of a Missouri State Implementation Plan Revision relating to Construction Permits By Rule
 
FROM: 		Steven Brown 
                  ARD/APPB/APS 
 
TO: 			EPA-R07-OAR-2023-0197; MO-465
 
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 August 3, 2022.
  
The proposed revisions are to the existing rule, Title 10, Division 10 of the Code of State Regulations, 10 CSR 10-6.062 Construction Permits By Rule. The purpose of this state regulation is to create a process by which certain sources can be exempt from 10 CSR 10-6.060 Construction Permits Required if they meet certain criteria.

The rule was originally SIP approved in 40 CFR § 52.1320(c) on July 2, 2021 (86 FR 29517) when the EPA did a partial approval and did not approve a portion of the rule revision that allowed the burning of illegal and waste pharmaceutical drugs in crematories and animal incinerators. In this submittal, MoDNR removes that provision of the rule that EPA did not act on. These revisions for Missouri rule 10 CSR 10-6.062 also correct typographical errors and make a minor change to correct a reference made to another state rule, 10 CSR 10-6.060.

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 10-6.062 Construction Permits By Rule

(1) Applicability. This rule applies to certain types of
facilities or changes within facilities listed in this rule
where construction is commenced on or after the effective date
of the relevant permit-by-rule. To qualify for a permit-by-rule,
the following general requirements must be met:

(A) Any installation undergoing activities that would otherwise
be subject to section (7), (8), or (9) of 10 CSR 10-6.060 does
not qualify for permit-by-rule under this regulation.
Installations accepting the permit-by-rule emission limitations
can use those limitations to determine whether the installation
is subject to section (7), (8), or (9) of 10 CSR 10-6.060;

(B) The installation is not prohibited from permit-by-rule by
permit conditions, by settlement agreements or by official
notification from the director;

(C) All emission control equipment associated with the permit-by-
rule shall be maintained and operated in accordance with the
equipment specifications of the manufacturer;

(D) Obtaining a permit-by-rule under this regulation does not
exempt an installation from other applicable air pollution
regulations or any local air pollution control agency
requirements; and

(E) The director may require an air quality analysis in
addition to the general requirements listed in subsection (3)(B)
of this rule if it is likely that the emissions of the proposed
construction or modification will appreciably affect air quality
or the air quality standards are being appreciably exceeded or
complaints filed in the vicinity of the proposed construction or
modification warrant an air quality analysis. The permit-by-rule
may be revoked if it is determined that emissions from the
source interfere with the attainment or maintenance of ambient
air quality standards.

(2) Definitions.

(A) As applied -- The volatile organic compound (VOC) and solids
content of the finishing material that is actually used for
coating the substrate. It includes the contribution of materials
used for in-house dilution of the finishing material.

(B) Closed container -- A container with a cover fastened in place
so that it will not allow leakage or spilling of the contents.

(C) Construction -- Fabricating, erecting, reconstructing, or
installing a source operation. Construction includes
installation of building supports and foundations, laying of
underground pipe work, building of permanent storage structures,
and other construction activities related to the source
operation.

D) Incinerator -- Any article, machine, equipment, contrivance,
structure, or part of a structure used to burn refuse or to
process refuse material by burning other than by open burning.

(E) 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 shall not be deemed a malfunction.

(F) Manure storage and application systems -- Any system that
includes, but is not limited to lagoons, manure treatment cells,
earthen storage ponds, manure storage tanks, manure stockpiles,
composting areas, pits and gutters within barns, litter used in
bedding systems, all types of land application equipment, and
all pipes, hoses, pumps, and other equipment used to transfer
manure.

(G) Material safety data sheet -- The chemical, physical,
technical, and safety information document supplied by the
manufacturer of the coating, solvent, or other chemical product.

(H) Opacity -- The extent to which airborne material obstructs the
transmission of incident light and obscures the visual
background. Opacity is stated as a percentage of light
obstructed and can be measured by a continuous opacity
monitoring system or a trained observer. An opacity of one
hundred percent (100%) represents a condition in which no light
is transmitted, and the background is completely obscured.

(I) Printing -- Any operation that imparts color, images, or text
onto a substrate using printing inks.

(J) Responsible official -- Includes one (1) of the following:
      
      1. The president, secretary, treasurer, or vice-president
of a corporation in charge of a principal business function, any
other person who performs similar policy and decision-making
functions for the corporation, or a duly authorized
representative of this person if the representative is
responsible for the overall operation of one (1) or more
manufacturing, production, or operating facilities applying for
or subject to a permit and either -- 

      A. The facilities employ more than two hundred fifty (250)
persons or have a gross annual sales or expenditures exceeding
twenty-five (25) million dollars (in second quarter 1980
dollars); or

      B. The delegation of authority to this representative is
approved in advance by the permitting authority;
      
      2. A general partner in a partnership or the proprietor in
a sole proprietorship;
      
      3. Either a principal executive officer or ranking elected
official in a municipality or state, federal, or other public
agency. For the purpose of this subparagraph, a principal
executive officer of a federal agency includes the chief
executive officer having responsibility for the overall
operations of a principal geographic unit of the agency; or
      
      4. The designated representative of an affected source
insofar as actions, standards, requirements, or prohibitions
under Title IV of the Act or the regulations promulgated under
the Act are concerned and the designated representative for any
other purposes under part 70.

(K) Sludge -- Any solid, semisolid, or liquid waste generated from
a municipal, commercial, or industrial wastewater treatment
plant, water supply treatment plant, or air pollution control
facility, exclusive of the treated effluent from a wastewater
treatment plant.

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

EPA Analysis:  The revisions to section (2) are administrative in nature and do not affect the stringency of the SIP.  A description of each revision in this section is as follows:

Section (2)(A) : The revision to section (2)(A) adds a VOC acronym for Volatile Organic Compound.

Rule continues-

(3) General Provisions.

(A) Registration. To qualify for a permit-by-rule, the owner or
operator must notify the Missouri Department of Natural
Resources' Air Pollution Control Program prior to commencement
of construction. This notification will establish the permit-by-rule and become the conditions under which the facility is permitted. All representations made in the notification
regarding construction plans, operating procedures, and maximum
emission rates shall become conditions upon which the facility
shall construct or modify. If the conditions, as represented in
the notification, vary in a manner that will change the method
of emission controls, the character of the emissions, or will
result in an increase of emissions, a new notification or permit
application must be prepared and submitted to the department's
Air Pollution Control Program.

      1. The director shall provide a form by which operators
can submit their notifications. The notification shall include
documentation of the basis of emission estimates or activity
rates and be signed by a responsible official certifying that
the information contained in the notification is true, accurate,
and complete. The expected first date of operation shall be
included in the notification.
      
      2. The notification shall be sent to the department's Air
Pollution Control Program. Two (2) copies of the original
notification shall be made. One (1) shall be sent to the
appropriate regional office, and one (1) shall be maintained onsite
and be provided immediately upon request by inspectors.
      
      3. Fees. A review fee of seven hundred dollars ($700)
shall accompany the notification sent to the department's Air
Pollution Control Program.
      
      4. Upon receiving the notification, the department shall
complete a pre-construction review of the notification and make
an approval/disapproval determination within seven (7) business
days. If the notification is approved by the department, the
operator may begin construction and operation of the new source.

(B) Permit-by-Rule.

      1. Printing operations. Any printing operation
(including, but not limited to, screen printers, ink-jet
printers, presses using electron beam or ultraviolet light
curing, and labeling operations) and supporting equipment
(including, but not limited to, corona treaters, curing lamps,
preparation, and cleaning equipment) which operate in compliance
with the following conditions is permitted under this rule:
      
      A. The uncontrolled emission of volatile organic
compounds (VOCs) from inks and solvents (including, but not
limited to, those used for printing, cleanup, or makeup) does
not exceed forty (40) tons per twelve- (12-)-month period, rolled
monthly, for all printing operations on the property. The
emissions shall be calculated using a material balance that
assumes that all of the VOCs in the inks and solvents used are
directly emitted to the atmosphere;

      B. The uncontrolled emission of hazardous air pollutants
does not exceed ten (10) tons per twelve- (12-)-month period,
rolled monthly, for all printing operations on the property. The
emissions shall be calculated using a material balance that
assumes that all hazardous air pollutants used are directly
emitted to the atmosphere;
      
      C. Copying and duplicating equipment employing the
xerographic method are exempt from subparagraphs (3)(B)1.D - G. of
this rule;
      
      D. Printing presses covered by this section do not
utilize heat set, thermo set, or oven-dried inks. Heated air may
be used to shorten drying time, provided the temperature does
not exceed one hundred ninety-four degrees Fahrenheit (194°F);
      
      E. Screen printing operations requiring temperatures
greater than one hundred ninety-four degrees Fahrenheit (194°F)
to set the ink are exempt from subparagraph (3)(B)1.D. of this
rule;
      
      F. The facility is not located in an ozone nonattainment
area; and
      
      G. Record keeping. The operator shall maintain records
of ink and solvent usage and shall be kept in sufficient detail
to show compliance with subparagraphs (3)(B)1.A. and 1.B. of
this rule.
      
      2. Crematories and animal incinerators. Any crematory or
animal incinerator that is used solely for the cremation
incineration of human remains, disposal of human pathological
wastes, or animal carcasses and operates in compliance with the
following conditions is permitted under this rule:

      A. The materials to be disposed of shall be limited to
noninfectious human materials removed during surgery, labor and
delivery, autopsy, or biopsy including body parts, tissues and
fetuses, organs, bulk blood and body fluids, blood or tissue
laboratory specimens; , and other noninfectious anatomical
remains or animal carcasses in whole or in part. The owner or
operator shall minimize the amount of packaging fed to the incinerator, particularly plastic containing chlorine. The incinerators shall not be used to dispose of other non-biological medical wastes including, but not limited to, sharps, rubber gloves, intravenous bags, tubing, and metal parts;

      B. The manufacturer's rated capacity (burn rate) is two
hundred (200) pounds per hour or less;
      
      C. The incinerator is a dual-chamber design;
      
      D. Burners are located in each chamber, sized to
manufacturer's specifications, and operated as necessary to
maintain the minimum temperature requirements of subparagraph
(3)(B)2.E. of this rule at all times when the unit is burning
waste;

      E. The secondary combustion chamber shall maintain a
minimum temperature and gas residence time established through
manufacturer's specification or stack test results that
demonstrate a ninety-nine point nine percent (99.9%) combustion
efficiency. The temperature shall be monitored with equipment
that is accurate to plus or minus two percent (2%) and
continuously recorded. The thermocouples or radiation
pyrometers shall be fitted to the incinerator and wired into a
manual reset noise alarm such that if the temperature in either
of the two (2) chambers falls below the minimum temperature
above, the alarm will sound at which time plant personnel shall
take immediate measures to either correct the problem or cease
operation of the incinerator until the problem is corrected;
      
      F. There are no obstructions to stack flow, such as by
rain caps, unless such devices are designed to automatically
open when the incinerator is operated. Properly installed and
maintained spark arresters are not considered obstructions;
      
      G. Each incinerator operator is trained in the
incinerator operating procedures as developed by the American
Society of Mechanical Engineers (ASME), by the incinerator
manufacturer, or by a trained individual with more than one (1)
year experience in the operation of the incinerator that the
trainee will be operating. Minimum training shall include basic
combustion control parameters of the incinerator and all
emergency procedures to be followed should the incinerator
malfunction or exceed operating parameters. An operator who
meets the training requirements of this condition shall be on
duty and immediately accessible during all periods of incinerator operation. The manufacturer's operating instructions and guidelines shall be posted at the unit and the unit shall be operated in accordance with these instructions;

      H. The incinerator has an opacity of less than ten
percent (10%) at all times;
      
      I. Heat is provided by the combustion of natural gas,
liquid petroleum gas, or Number 2 fuel oil with less than
fifteen ten thousandths percent (0.0015%) sulfur by weight, or
by electric power; and
      
      J. Record keeping. The operator shall maintain a log of
all alarm trips and the resultant action taken. A written
certification of the appropriate training received by the
operator, with the date of training, that includes a list of the
instructor's qualifications or ASME certification school shall
be maintained for each operator. The operator shall maintain an
accurate record of the monthly amount and type of waste
combusted.
      
      3. Surface coating. Any surface coating activity or
stripping facility that operates in compliance with the
following conditions is permitted under this rule:
      
      A. Metalizing, spraying molten metal onto a surface to
form a coating, is not permitted under this permit-by-rule. The
use of coatings that contain metallic pigments is permitted;
      
      B. All facilities implement good housekeeping procedures
to minimize fugitive emissions, including:
      
      (I) Cleaning up spills immediately;
      
      (II) Operating booth or work area exhaust fans shall
be operating when cleaning spray guns and other equipment; and
      
      (III) Storing new and used coatings and solvents in
closed containers and removing all waste coatings and solvents
from the site by an authorized disposal service or disposing of
them at a permitted on-site waste management facility;
      
      C. Drying and curing ovens are either electric or meet
the following conditions:
      
      (I) The maximum heat input to any oven must not exceed
forty (40) million British thermal units (Btus) per hour; and
      
      (II) Heat shall be provided by the combustion of one
(1) of the following: natural gas; liquid petroleum gas; fuel
gas containing no more than twenty (20.0) grains of total sulfur
compounds (calculated as sulfur) per one hundred (100) dry
standard cubic feet; or Number 2 fuel oil with not more than
fifteen ten thousandths percent (0.0015%) sulfur by weight;

      D. Emissions are calculated using a material balance that
assumes that all VOCs and hazardous air pollutants in the paints
and solvents used are directly emitted to the atmosphere. The
total uncontrolled emissions from the coating materials (as
applied) and cleanup solvents shall not exceed the following for
all operations:

      (I) Forty (40) tons per twelve- (12-)-month
period, rolled monthly, of VOCs for all surface coating
operations on the property;

      (II) A sum of twenty-five (25) tons per twelve- (12-
)- month period, rolled monthly, of all hazardous air
pollutants for all surface coating operations on the property;
and
      (III) Each individual hazardous air pollutant shall
not exceed the emission threshold levels established in 10 CSR
10-6.060(12)(J)(5)(F)6.A., rolled monthly;

      E. The surface coating operations are performed indoors,
in a booth, or in an enclosed work area. The booth shall be
designed to meet a minimum face velocity at the intake opening
of each booth or work area of one hundred feet (100') per
minute. Emissions shall be exhausted through elevated stacks
that extend at least one and one-half (1 1/2) times the building
height above ground level. All stacks shall discharge
vertically. There shall be no obstructions to stack flow, such
as rain caps, unless such services devices are designed to
automatically open when booths are operated;

      F. For spraying operations, emissions of particulate
matter are controlled using either a water wash system or a dry
filter system with a ninety-five percent (95%) removal
efficiency as documented by the manufacturer. The face velocity
at the filter shall not exceed two hundred fifty feet (250') per
minute or that specified by the filter manufacturer, whichever
is less. Filters shall be replaced according to the
manufacturer's schedule or whenever the pressure drop across the
filter no longer meets the manufacturer's recommendation;

      G. Coating operations are conducted at least fifty feet
(50') from the property line and at least two hundred fifty feet
(250') from any recreational area, residence, or other structure
not occupied or used solely by the owner or operator of the
facility or the owner of the property upon which the facility is
located;
      
      H. The facility is not located in an ozone nonattainment
area; and
      
      I. Record keeping. The operator shall maintain the
following records and reports:

      (I) All material safety data sheets for all coating
materials and solvents;

      (II) A monthly report indicating the days the surface
coating operation was in operation and the total tons emitted
during the month, and the calculation showing compliance with
the rolling average emission limits of subparagraph (3)(B)3.D.
of this rule;

      (III) A set of example calculations showing the method
of data reduction including units, conversion factors,
assumptions, and the basis of the assumptions; and
      
      (IV) These reports and records shall be immediately
available for inspection at the installation.
(Section (3)(B)4 is not included in the SIP.)

(C) Revocation.

      1. A permit-by-rule may be revoked upon request of the
operator or for cause. For purposes of this paragraph, cause
for revocation exists if -- 
      
      (I) There is a pattern of unresolved and repeated
noncompliance with the conditions of the permit-by-rule and the
operator has refused to take appropriate action (such as a
schedule of compliance) to resolve the noncompliance;
      
      (II) The operator has failed to pay a civil or
criminal penalty imposed for violations of the permit-by-rule;
or

      (III) It is determined through a technical analysis
that emissions from the source interfere with the attainment or
maintenance of ambient air quality standards.

      2. Upon revocation of a permit-by-rule the operator shall
obtain a permit, undergoing review under
10 CSR 10-6.060.

EPA Analysis:  The revision to section (3) General Provisions are administrative in nature and do not affect the stringency of the SIP. A description of each revision in this section is as follows:

 Section (3)(B)1.A. : This revision removes the words "Volatile Organic Compounds" and adds the acronym, "VOC". 

Section (3)(B) 2. : This revision in the second sentence of (3)(B)2. removes the word, "cremation", adds the word, "incineration" and removes the words, "disposal of".

Please note: Section (3)(B)2. and (3)(B)2.A. below are the previously submitted revisions that included the language to allow illegal, and waste pharmaceutical drugs to be burned. EPA's final rulemaking dated, June 2, 2021, did a partial approval of that SIP action and did not approve the language in Section (3)(B)2. and (3)(B)2.A. (86 FR 29517). Note that the above revision completely removes this language from the rule. This is also mentioned in the proposed rulemaking for this revision which is part of this docket.
2. Crematories and animal incinerators. Any crematory or
animal incinerator that is used solely for the cremation burns
for disposal ninety percent (90%) or more by weight (on a
calendar quarter basis and excluding the weight of auxiliary
fuel and combustion air) of human remains, disposal of human
pathological wastes, or animal carcasses and operates in
compliance with the following conditions is permitted under this
rule:

A. The materials to be disposed of shall be are limited
to noninfectious human materials removed during surgery, labor
and delivery, autopsy, or biopsy including body parts, tissues
and fetuses, organs, bulk blood and body fluids, blood or tissue
laboratory specimens; and other noninfectious anatomical remains
or animal carcasses in whole or in part. Illegal and waste
pharmaceutical drugs may also be burned for disposal provided
they constitute less than ten percent (10%) by weight (on a
calendar quarter basis and excluding the weight of auxiliary
fuel and combustion air). The owner or operator shall minimize
the amount of packaging fed to the incinerator, particularly
plastic containing chlorine. The incinerators shall not be used
to dispose of other non-biological medical wastes including, but
not limited to, sharps, rubber gloves, intravenous bags, tubing,
and metal parts;

Section (3) (B) 3. D. III. : This revision removes the reference of "(12)(J)" and adds the reference of "(5)(F)6.A." to the rule 10 CSR 10-6.060.

Section (3) (B) 3. E. : In the last sentence of subsection E., this revision removes the word, "services" and adds the word, "devices".

Rule continues-

(4) Reporting and Record Keeping. In addition to the original
notification required by paragraph (3)(A)2. of this rule,
operators shall maintain records containing sufficient
information to demonstrate compliance with all applicable
permit-by-rule requirements as specified in subsection (3)(B) of
this rule. These records shall be maintained at the
installation for a minimum of five (5) years, and made
immediately available to inspectors upon their request.
Operators shall also report to the Air Pollution Control
Program, no later than ten (10) days after the end of the month
during which the operation exceeded any of the permit-by-rule
conditions.

(5) Test Methods. (Not Applicable)
