Record ID: 3902
Authority: Air Pollution Control Program
Rule Number: 10 CSR 010-06.070
Rule Name: New Source Performance Regulations
Rule Action Type: Amendment
Status: In Initial Development
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: 6/16/2014 
Actual:  
Published:  
Citation:  
Public Hearings:
1st Expected:  
1st Actual:  
2nd Expected:  
2nd Actual:  
End of Public Comment Period:
Expected:  
Actual:  
Adoption by Agency:
Expected:  
Actual:  
Rejected:  
Withdrawn:  
Legislative Action:
Expected:  
Let Pass:  
Suspended:  
Voided:  
Order of Rulemaking Filing with the Secretary of State:
Expected:  
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Published:  
Citation:  
Rulemaking in Effect:
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Emergency Rule Expires On:
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Summary

Abstract Short: Adopts by reference updates to previously adopted 40 CFR 60 subparts that were promulgated from January 1, 2013 through December 31, 2013.

Contact

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

Rulemaking Report

This 2013 annual update was delayed in filing and rulemaking will now be combined with 2014 annual update in a new rulemaking package.

1. What is the purpose of this proposed rulemaking?

These proposed rulemakings will adopt by reference new emission standards, updates and clarifications to existing standards.

The following regulations will be affected by these proposed rulemakings:

10 CSR 10-6.070 New Source Performance Regulations

10 CSR 10-6.075 Maximum Achievable Control Technology Regulations

10 CSR 10-6.080 Emission Standards for Hazardous Air Pollutants

2. Why is the rulemaking being proposed now?

These rulemakings are proposed annually to meet State/EPA Work Plan and Title V Operating Permit program requirements.

3. Is a Regulatory Impact Report required for this rulemaking?

No, because these rule actions substantially codify federal regulations without variance.

4. 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.

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

These rulemakings incorporate the latest federal regulations.

Continued adoption of new and amended 40 CFR, part 60, 61 and 63 subparts will provide consistent standards between federal and state agencies. This will reduce the number of regulations the identified facilities must comply with. Continued adoption of these subparts also will provide increased protection against the health risks posed by hazardous air pollutants.

6. Who is most likely affected by the rulemaking?

Potentially affected entities are the same as the federal regulations.

7. 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.)

None. Small businesses already have to comply with federal regulations. These proposed rulemakings adopt existing federal regulations by reference into state regulations which allows the state to request delegation of enforcement authority from the U.S. Environmental Protection Agency.

8. 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 this proposed rulemaking.

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

This rule action is administrative in nature, there will be no effect on State revenue. No change in tasks or fees will result from adoption of this rule action.

10. Who was involved in developing the rulemaking?

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

11. How has the development of the rulemaking been 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).

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

Chief, Operations Section

Missouri Department of Natural Resources

Air Pollution Control Program

PO 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

13. What are the expected dates for the comment period and public hearing?

A tentative filing of the proposed rulemaking is expected August 2014 and a public hearing on January 2015.

The comment period will begin after the rulemaking is filed and end seven (7) days after the public hearing.