Record ID: 3701
Authority: Air Pollution Control Program
Rule Number: 10 CSR 010-06.080
Rule Name: Emission Standards for Hazardous Air Pollutants
Rule Action Type: Amendment
Status: Rule Action Effective
Regulatory Impact Report: N/A

Rulemaking Calendar

Initiate the Rulemaking Process:
Actual: 9/12/2006 
Regulatory Impact Report 60 Day Comment Period Begins:
Expected:  
Actual:  
Proposed Rulemaking Filing with the Secretary of State:
Expected: 6/15/2011 
Actual: 7/1/2011 
Published: 8/1/2011 
Citation: 36 MoReg 1814 
Public Hearings:
1st Expected: 9/29/2011 
1st Actual: 9/29/2011 
2nd Expected:  
2nd Actual:  
End of Public Comment Period:
Expected: 10/6/2011 
Actual:  
Adoption by Agency:
Expected: 10/27/2011 
Actual: 10/27/2011 
Rejected:  
Withdrawn:  
Legislative Action:
Expected: 12/1/2011 
Let Pass: 11/28/2011 
Suspended:  
Voided:  
Order of Rulemaking Filing with the Secretary of State:
Expected: 1/4/2012 
Actual: 11/28/2011 
Published: 1/3/2012 
Citation: 37 MoReg 55 
Rulemaking in Effect:
Expected: 2/29/2012 
Actual: 2/29/2012 
Emergency Rule Expires On:
Ends:   

Summary

Abstract Short: Adopts by reference new 40 CFR Part 61 subparts that were promulgated during the calendar year 2010.

Contact

Stan Payne
Missouri Department of Natural Resources
Air Pollution Control Program
573-751-4817

Rulemaking Report

Updated: 02/10/11

1. What is the purpose of this proposed rulemaking?

These proposed rulemakings will adopt by reference new emission standards, updates, and clarifications to existing federal rules 40 CFR 60, 40 CFR 63, and 40 CFR 61 that were promulgated during calendar year 2010.

2. Why is the rulemaking being proposed now?

These rulemakings are proposed annually to meet state and U.S. Environmental Protection Agency (EPA) Work Plan and Title V Operating Permit program requirements.

3. Will the rulemaking incorporate any document by reference, rather than state the language within the rulemaking?

These rulemakings adopt requirements in federal regulations 40 CFR 60, 40 CFR 61, and 40 CFR 63 promulgated by EPA during calendar year 2010, as published by the Office of the Federal Register. These actions are necessary to maintain delegation authority to enforce federal New Source Performance Standards, Maximum Achievable Control Technology Standards, and National Emission Standards for Hazardous Air Pollutants.

4. Does this rulemaking prescribe environmental standards, limits, or conditions and is a Regulatory Impact Report required for this rulemaking?

These rulemakings adopt, without variance, the requirements of federal regulations 40 CFR 60, 40 CFR 61, and 40 CFR 63 and, therefore, a Regulatory Impact Report is not required.

5. What authority does DNR have to carry out this rulemaking?

643.050, Powers and duties of commission, provides the commission shall have the power to adopt, promulgate, amend and repeal rules and regulations consistent with the general intent and purposes of sections 643.010 to 643.190, RSMo and chapter 536, RSMo.

643.055, Commission may adopt rules for compliance with federal law, provides the commission shall have authority to promulgate rules and regulations to establish standards and guidelines to ensure the state is in compliance with the provisions of the federal Clean Air Act. The state is prohibited from being stricter than the federal Clean Air Act except for nonattainment and maintenance areas.

6. What does the rulemaking require and how does it produce benefits?

These rulemakings do not impose additional obligations beyond the federal requirements.

These rulemakings incorporate the latest federal regulations 40 CFR 60, 40 CFR 61, and 40 CFR 63 with additions and amendments as follows:

10 CSR 10-6.070, New Source Performance Regulations

The proposed rulemaking includes changes to two (2) existing subparts.

Specific changes to existing subparts of 10 CSR 10-6.070 include:

40 CFR 60, Subpart A--General Provisions.

- Allowed accredited providers to supply stationary source audit samples. All audit sample methods were moved from Test Methods to General Provisions.

40 CFR 60, Subpart F--New Source Performance Standards for Portland Cement Plants.

- Added or revised emission limits for particulate matter, opacity, nitrogen oxides, and sulfur dioxide for facilities that commence construction, modification, or reconstruction after June 16, 2008; and

- Included additional testing and monitoring requirements for affected sources.

No new federal subparts applicable to 10 CSR 10-6.070 were promulgated.

10 CSR 10-6.075, Maximum Achievable Control Technology Regulations

The proposed rulemaking includes changes to seven (7) existing subparts and the addition of one (1) new subpart.

Specific changes to existing subparts of 10 CSR 10-6.075 include:

40 CFR 63, Subpart A--General Provisions.

- Allowed accredited providers to supply stationary source audit samples. All audit sample methods were moved from Test Methods to General Provisions.

40 CFR 63, Subpart CC--National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries.

- Corrected technical errors.

40 CFR 63, Subpart LLL--National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry.

- Added or revised emission limits for mercury, total hydrocarbons, and particulate matter from new and existing kilns located at major and area sources, and for hydrochloric acid from new and existing kilns located at major sources; and

- Set standards for new kilns that apply to facilities that commence construction, modification, or reconstruction after May 6, 2009.

40 CFR 63, Subpart ZZZZ--National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines.

- Addressed emissions of Hazardous Air Pollutants (HAPs) from existing stationary reciprocating internal combustion engines less than or equal to five hundred (500) horsepower located at major sources;

- Addressed emissions of HAPs from existing stationary reciprocating internal combustion engines located at area sources; and

- Finalized emission standards for non-emergency stationary compression ignition engines greater than five hundred (500) horsepower at major sources;

40 CFR 63, Subpart VVVVVV--National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources.

- Stayed, until March 14, 2011, the requirement for certain affected sources to comply with the title V permit program.

40 CFR 63, Subpart AAAAAAA--National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing.

- Corrected technical errors.

40 CFR 63, Subpart CCCCCCC--National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Paints and Allied Products Manufacturing.

- Corrected the section numbering system and made editorial changes; and

- Amended the definition of "material containing hazardous air pollutants".

One (1) new federal subpart applicable to 10 CSR 10-6.075 was promulgated.

40 CFR 63, Subpart DDDDDDD--National Emissions Standards for Organic Hazardous Air Pollutants: Area Source Standards for Prepared Feeds Manufacturing.

- Issued national emission standards for control of HAPs for the prepared feeds manufacturing area source category.

- Later amended to correct the date for new sources to submit the Notification of Compliance Status, added a documentation requirement for small facilities not subject to install and operate a cyclone to control emissions from pelleting operations, and added the requirement to submit annual compliance certification reports.

10 CSR 10-6.080, Emission Standards for Hazardous Air Pollutants

The proposed rulemaking includes changes to one (1) existing subpart.

40 CFR 61, Subpart A--General Provisions.

- Allowed accredited providers to supply stationary source audit samples. All audit sample methods were moved from Test Methods to General Provisions.

Continued adoption of new and amended federal regulations 40 CFR 60, 40 CFR 61, and 40 CFR 63 will provide consistent standards between federal and state agencies.

7. Who is most likely affected by the rulemaking?

Potentially affected entities are the same as the federal regulations. These include the portland cement industry, petroleum refineries, operators of reciprocating internal combustion engines, chemical manufacturers, asphalt and asphalt roofing manufacturers, paint and allied products manufacturers, and prepared feeds manufacturers.

8. What impact will the proposed rulemaking have on small businesses? (A small business is defined as a for-profit enterprise with fewer than 100 full or part-time employees.)

There will be no impact on small businesses that are already required to comply with federal regulations. These proposed rulemakings adopt existing federal regulations by reference into state regulations which allows the state to maintain enforcement authority.

9. What are the probable costs for the department or any other public agency in the implementation and enforcement of the rulemaking?

The program does not expect this agency or any other public agency to incur additional costs to implement and enforce these proposed rulemakings.

10. What is the anticipated effect of the rulemaking on state revenue?

These rule actions are administrative in nature. There will be no effect on state revenue. No change in tasks or fees will result from adoption of these rule actions.

11. Who was/will involved in developing the rulemaking?

The Missouri Department of Natural Resources’ Air Pollution Control Program.

12. How has/will the development of the rulemaking been/be shared with interested parties and the public at large?

The normal rule amendment processes will be followed: public hearing, MACC adoption, order of rulemaking, and publication in the Code of State Regulations (CSR). In addition, information on the rulemakings is also made available on the department's web site.

13. Who may I contact to either ask questions or provide input on this rulemaking?

Questions and/or comments can be sent to:

Chief, Air Quality Planning Section

Missouri Department of Natural Resources’ Air Pollution Control Program

P.O. Box 176

Jefferson City, MO 65102-0176

or

Missouri Air Conservation Commission

P.O. Box 176

Jefferson City, MO 65102-0176

or call: (573) 751-4817

14. What is the expected calendar for this rulemaking, particularly the dates for the comment period and public hearing?

A tentative filing of these proposed rulemakings is expected on June 15, 2011 with a public hearing on August 25, 2011. The comment period will begin after the rulemakings are filed and end seven (7) days after the public hearing.