Record ID: 3882
Authority: Air Pollution Control Program
Rule Number: 10 CSR 010-06.220
Rule Name: Restriction of Emission of Visible Air Contaminants
Rule Action Type: Amendment
Status: In Initial Development
Regulatory Impact Report: Available

Rulemaking Calendar

Initiate the Rulemaking Process:
Actual: 7/8/2013 
Regulatory Impact Report 60 Day Comment Period Begins:
Expected: 9/12/2013 
Actual: 10/21/2014 
Proposed Rulemaking Filing with the Secretary of State:
Expected: 2/3/2014 
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Summary

Abstract Short: Removes impermissible SSM language, adds exemption for power plants complying with MATS using CEMS, clarifies exemptions, adds compliance demonstration requirements, and removes definitions now in definitions rule.

Contact

Seanmichael Stanley
Missouri Department of Natural Resources
Air Pollution Control Program
573-751-4817

Rulemaking Report

Updated: 08/18/2014

Affected Rule(s): Amendment to 10 CSR 10-6.220 Restriction of Emission of Visible Air Contaminants

1. What is the purpose of this proposed rulemaking?

This rulemaking is being proposed to make several major and minor amendments including:

- Amending subsection (3)(C) as a result of a petition received by the U.S. Environmental Protection Agency (EPA) concerning the treatment of excess emissions by sources during periods of Start-Up, Shutdown, or Malfunction (SSM). EPA’s proposed State Implementation (SIP) Call in response to the petition, published in the Federal Register on February 22, 2013 (78 FR 12460), indicated that the language in subsection (3)(C) of the rule is impermissible because it could be interpreted as allowing for exemptions in federally enforceable emission limitations through the state director’s discretion. The impermissible language in the rule must be revised within 18 months of the final SIP Call (May 2015).

- Adding an exemption for power plants that comply with more stringent particulate matter (PM) limits in 40 CFR 63 subpart UUUUU (Mercury and Air Toxics Standards or MATS) and have PM Continuous Emissions Monitoring Systems (CEMS) installed.

- Adding an exemption for sources regulated by 40 CFR 63 subpart DDDDD, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters, which has stricter opacity limits.

- Adding an exemption from the monitoring and recordkeeping requirements for emission units with controlled emissions of less than 1 lb PM10/hr.

- Adding an exemption for fugitive emissions subject to 10-CSR 10-6.170.

- Revising the exemption in subsection (1)(A) to include all internal combustion engines.

- Adding an exemption for units burning only gaseous fuels and using proper combustion techniques.

- Clarifying that this rule applies to outdoor emissions and does not apply to indoor emissions or water vapor.

- Adding monitoring and recordkeeping requirements for sources without Continuous Opacity Monitoring Systems (COMS). This schedule is similar to that which has been included in air permits but will require an EPA Method 9 test if any visible emissions are present.

- Removing definitions in this rule that can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

In addition, other nonsubstantive clarification/error correction modifications deemed necessary during the rulemaking process will be included.

2. Why is the rulemaking being proposed now?

This rulemaking is being initiated in response to EPA’s February 22, 2013 proposed SIP Call requiring revisions to impermissible language regarding treatment of startup, shutdown, and malfunction conditions. This revision must be submitted to EPA within 18 months of the final SIP Call (expected May 2015). In addition, Missouri power plants recently requested the Air Program to consider removing the Continuous Opacity Monitoring Systems (COMS) requirement for sources subject to the federal MATS regulation. By reviewing Compliance Assurance Monitoring Plans for some of these power plants, it was determined that they would be within the 20% opacity limit of this rule when in compliance with the Mercury and Air Toxics Standards (MATS) limits. Therefore, an exemption will be added to the rule for power plants that comply with the federal MATS regulation and have PM CEMS installed.

While the rule is open several other amendments are being made; including clarification of exemptions, addition of compliance demonstration requirements, and removal of definitions that are now in the general definitions rule.

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

This rulemaking will not incorporate any document by reference.

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

This rulemaking will establish specific requirements for emissions reporting and recordkeeping for compliance demonstration and will require a Regulatory Impact Report.

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 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?

This rulemaking will remove the director discretion provision in subsection (3)© of the rule so the rule provisions comply with the Clean Air Act requirements. A timely response to EPA’s SIP Call will prevent EPA from exercising its authority to impose a federal implementation plan, which could include additional requirements on Missouri sources. Also, exemptions will be added to the rule, including: an exemption for power plants that comply with federal MATS requirements and have PM CEMS installed, and an exemption for units regulated under the boiler MACT. This will benefit power plants by not requiring the expense of installing a COMS in addition to a PM CEMS. The rule will continue to be protective of air quality because the limits established by MATS and the boiler MACT are more stringent than the opacity limits.

This rulemaking will establish specific recordkeeping and reporting requirements for sources without COMS, which will produce benefits by clarifying compliance demonstration. Because the rule currently does not include a monitoring/recording schedule for sources without COMS, the department’s Air Pollution Control Program has been filling this gap through the permitting process. Adding a clear monitoring and record keeping schedule to the rule reduces confusion and ensures consistency when permitting affected sources and enforcing these requirements.

Small sources with PM10 emissions less than 1 lb./hr. will be exempt from the new monitoring requirements. With such minimal emissions, they are not expected to have a detrimental impact on air quality. These small sources will also be relieved of the new Method 9 test requirements in the event any visible emissions are present.

The rulemaking will also clarify exemptions which will produce benefits by making it clear what sources are not meant to be subject to this rule and removing redundant or unnecessary requirements.

7. Who is most likely affected by the rulemaking?

This rule applies to all sources of visible emissions (primarily particulate matter) throughout the state of Missouri except those listed under exemptions in 10 CSR 10-6.220. Applicable sources include, but are not limited to, painting facilities, facilities with non-gas fired boilers (i.e. coal, wood, or fuel oil fired), grain elevators, landfills, and wood products manufacturing facilities.

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.)

While this rulemaking may establish recordkeeping and reporting requirements for small businesses, the new monitoring schedule is similar to what has been included in permits with an additional requirement of performing a Method 9 test when visible emissions are present. The Method 9 test may require a fee for a qualified observer or training of an employee to conduct the test. It is important to note that new exemptions being added to the rule (e.g., for fugitive emissions sources subject to 10 CSR 10-6.170 and sources with PM10 emissions less than 1 lb/hr) will minimize the impact on small businesses by ensuring sources with insignificant amounts of visible emissions are not subject to the rule’s new monitoring requirements.

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

This agency or any other public agency is not expected to incur additional costs to implement and enforce this proposed rulemaking.

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

The proposed rulemaking will have no effect on state revenue.

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

The Missouri Department of Natural Resources' Air Pollution Control Program, in collaboration with stakeholders, the Air Program Advisory Forum, and the EPA, will develop the rulemaking. The Air Program Advisory Forum has already provided significant early input and feedback on the preliminary draft rule text.

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

The Regulatory Impact Report and draft rule text will be posted and made available for comment for 60 days on the program website. In addition, the normal rulemaking process will be followed: public hearing, MACC adoption, order of rulemaking, and publication in the Code of State Regulations. Information on the rulemaking is also made available on the department's web site and distributed to appropriate entities via email.

Information regarding rulemakings is also provided to the Air Program Advisory Forum, the Air Quality Advisory Committee of the East-West Gateway Council of Governments, and the Air Quality Forum of the Mid-America Regional Council.

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 the proposed rulemaking is expected January 2, 2015 and a public hearing is expected in March 2015. The comment period will begin after the rulemaking is filed and end seven (7) days after the public hearing.