Mo. Code Regs. tit. 10 § 10-6.080

Current through Register Vol. 49, No. 8, April 15, 2024
Section 10 CSR 10-6.080 - Emission Standards for Hazardous Air Pollutants

PURPOSE: This rule incorporates by reference the maximum achievable control technology regulations in 40 CFR 61. This provides the Missouri Department of Natural Resources the authority to implement and enforce these U.S. Environmental Protection Agency regulations. This amendment incorporates by reference new emission standards, updates, and clarifications to federal rule 40 CFR 61 that were promulgated from July 2, 2018 through July 1, 2019. The evidence supporting the need for this proposed amendment, per 536.016, RSMo, is the Title V Operating Permit Program requirements, 40 CFR 70, and State/EPA Workplan.

(1) Applicability. This rule applies to sources subject to 40 CFR 61 subparts incorporated by reference in subsection (3)(A) of this rule.
(2) Definitions. Certain terms used in 40 CFR 61 refer to federal officers, agencies, and publications. The following terms are substituted when applicable to Missouri where appropriate for the federal counterparts:
(A) Director is substituted for Administrator;
(B) Missouri Department of Natural Resources is substituted for EPA, E PA Regional Office, or Environmental Protection Agency; and
(C)Missouri Register is substituted for Federal Register.
(3) General Provisions.
(A) Incorporations by Reference.
1. The provisions of 40 CFR 61 promulgated as of July 1, 2019, are hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions.
2. Exceptions to paragraph (3)(A)1. of this rule are-
A. Those provisions which are not delegable by the U.S. Environmental Protection Agency (EPA);
B. Sections 61.04, 61.16, and 61.17 of subpart A;
C. Subpart B;
D. Subpart H;
E. Subpart I;
F. Subpart K;
G. Subpart Q;
H. Subpart R;
I. Subpart T; and
J. Subpart W.
(B) The subparts of 40 CFR 61 incorporated by reference in subsection (3)(A) of this rule are-

Subpart

Title

C

National Emission Standard for Beryllium

D

National Emission Standard for Beryllium Rocket Motor Firing

E

National Emission Standard for Mercury

F

National Emission Standard for Vinyl Chloride

J

National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene

L

National Emission Standard for Benzene Emissions from Coke Byproduct Recovery Plants

M

National Emission Standard for Asbestos

N

National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants

O

National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters

P

National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities

V

National Emission Standard for Equipment Leaks (Fugitive Emission Sources)

Y

National Emission Standard for Benzene Emissions From Benzene

Storage Vessels

BB

National Emission Standard for Benzene Emissions From Benzene Transfer Operations

FF

National Emission Standard for Benzene Waste Operations

(4) Reporting. Reporting requirements are specified in each federal regulation incorporated by reference.
(5) Test Methods. Test methods are specified in each federal regulation incorporated by reference.

10 CSR 10-6.080

AUTHORITY: section 643.050, RSMo Supp. 2013.* Original rule filed Dec. 10, 1979, effective April 11 , 1980. Amended: Filed Feb. 9, 1981, effective July 11 , 1981. Amended: Filed Dec. 10 , 1981, effective June 11 , 1982. Amended: Filed Jan. 12, 1983, effective June 11 , 1983. Amended: Filed Feb. 14, 1984, effective 7/12/1984. Amended: Filed June 4, 1985, effective 10/26/1985. Amended: Filed June 5, 1986, effective 9/26/1986. Amended: Filed Feb. 4, 1987, effective 5/28/1987. Amended: Filed April 2, 1987, effective 8/27/1987. Amended: Filed March 2, 1988, effective 6/27/1988. Amended: Filed June 6, 1989, effective 10/27/1989. Amended: Filed May 1, 1992, effective 2/26/1993. Amended: Filed March 25, 1993, effective 11/8/1993. Amended: Filed June 30, 1994, effective 2/26/1995. Amended: Filed Sept. 14, 1995, effective 5/30/1996. Amended: Filed July 15, 1997, effective 2/28/1998. Amended: Filed March 15, 1999, effective 10/30/1999. Amended: Filed July 30, 1999, effective 3/30/2000. Amended: Filed May 15, 2000, effective 12/30/2000. Amended: Filed Jan. 31, 2002, effective 9/30/2002. Amended: Filed Feb. 14, 2003, effective 10/30/2003. Amended: Filed Feb. 17, 2005, effective 11/30/2005. Amended: Filed May 2, 2006, effective 12/30/2006. Amended: Filed Dec. 6, 2006, effective 8/30/2007. Amended: Filed March 25, 2008, effective 11/30/2008. Amended: Filed Sept. 24, 2009, effective 5/30/2010. Amended: Filed June 18, 2010, effective 2/28/2011 . Amended: Filed July 1, 2011 , effective 2/29/2012. Amended: Filed May 15, 2012, effective 12/30/2012. Amended: Filed May 7, 2013, effective 12/30/2013.
Amended by Missouri Register June 15, 2017/Volume 42, Number 12, effective 7/31/2017
Amended by Missouri Register January 2, 2019/Volume 44, Number 1, effective 2/28/2019
Amended by Missouri Register August 3, 2020/Volume 45, Number 15, effective 9/30/2020

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011 .