Mo. Code Regs. tit. 10 § 10-6.110

Current through Register Vol. 49, No. 20, October 15, 2024

Section 10 CSR 10-6.110 - Reporting Emission Data, Emission Fees, and Process Information

PURPOSE: This rule provides procedures for reporting emission-related information and establishing emission fees for the purpose of state air-resource planning. The purpose of this amendment is to change the air-emission fee structure pursuant to section 643.079.10, RSMo. This proposed rulemaking will increase the emission fee for permitted sources from forty-eight dollars ($48) to fifty-three dollars ($53) per ton of emissions in calendar year 2021, and increase to fifty-five dollars ($55) per ton of emissions in calendar year 2022 and beyond. The increased emission fee will enable the department's Air Pollution Control Program to remain solvent and maintain its authority as the implementing agency of the federal Clean Air Act in the state of Missouri. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is section 643.079.10, RSMo, and the March 2, 2020, Air Program Advisory Forum Fee Stakeholder Meeting.

(1) Applicability. This rule applies to any installation that is subject to any one (1) of the following:

(A) Notifies and accepts a permit-by-rule under 10 CSR 10-6.062;

(B) Is required to obtain a construction permit under 10 CSR 10-6.060; or

(C) Is required to obtain an operating permit under 10 CSR 10-6.065.

(2) Definitions.

(A) Missouri Emissions Inventory System (MoEIS)-Online interface of the state of Missouri's air emissions inventory database.

(B) Point source-Large, stationary (nonmobile), identifiable source of emissions that releases pollutants into the atmosphere. A point source is an installation that is either-

1. A major source under 40 CFR part 70 for the pollutants for which reporting is required; or

2. A holder of an intermediate operating permit.

(C) Reportable pollutants-The regulated air pollutants at the process level required for emission inventory reporting as summarized in Table 1 of this rule.

(D) Reporting threshold-Minimum amount of reportable emissions at the emission unit level that requires reporting as summarized in Table 1 of this rule. Emissions below this amount may be designated as insignificant on the Full Emissions Report.

(E) Reporting year-Twelve (12)-month calendar year ending December 31. The reporting requirement for installations with three (3)-year reporting cycles begins with the 2011 reporting year. The subsequent reporting years will be every three (3) years following 2011 (i.e., 2014, 2017, 2020, etc.).

(F) Small source-An installation subject to this rule but not a point source as defined in this section of the rule.

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

TABLE 1. Reportable Pollutants with Reporting Thresholds

Process Level Reportable Pollutants		Emission Unit Level Reporting Threshold
Point Sources	Small Sources	Tons	Pounds
PM₁₀ fil	PM₁₀ pri	0.438	876
PM_con
PM_2.5 fil	PM_2.5 pri	0.438	876
PMcon
SO₂	1	2000
NO_x	1	2000
voc	0.438	876
CO	1	2000
Category One (1) HAP^a	0.01 ^a	20 ^a
Category Two (2) HAP^b	0.1 ^b	200 ^b
NH₃	0.438	876
Lead^a	0.01 ^a	20 ^a

^a Category One (1) Hazardous Air Pollutant (HAP) chemicals include Poly eye lie Organic Matter, Arsenic Compounds, Lead Compounds, Chromium Compounds, Mercury Compounds (AUcyl and Aryl), Mercury Compounds (Inorganic), Nickel Compounds, Chlordane, Benzene, Methoxychlor, Vinyl Chloride, Heptachlor, Benzidine, Butadiene (1,3-), Chloromethyl Methyl Ether, Hexachlorobenzene, Bis(chloromethyl)ether, Asbestos, Polychlorinated Biphenyls, Trifluralin, Tetrachlorodibenzo-P- Dioxin (2,3,7,8-), Toxaphene, and Coke Oven Emissions.

^b Category Two (2) HAP chemicals are those defined in 10 CSR 10-6.020 that are not included in the list of Category One (1) HAP chemicals.

(3) General Provisions.

(A) Emission Fees.

1. Any installation subject to this rule, except sources that produce charcoal from wood, shall pay an annual emission fee per ton of applicable pollutant emissions identified in Table 2 of this rule based on previous calendar year emissions and in accordance with paragraphs (3)(A)2. through (3)(A)7. of this rule. The emission fee shall be fifty-three dollars and no cents ($53.00) per ton emitted in calendar year 2021, and fifty-five dollars and no cents ($55.00) per ton emitted in calendar year 2022 and thereafter.

2. For Full Emissions Reports, the fee is based on the information provided in the installation's emissions report. For sources which qualify for and use the Reduced Reporting Form, the fee shall be based on the last Full Emissions Report.

3. The fee shall apply to the first four thousand (4,000) tons of each air pollutant subject to fees as identified in Table 2 of this rule. No installation shall be required to pay fees on total emissions in excess of twelve thousand (12,000) tons for any reporting year. An installation subject to this rule which emitted less than one (1) ton of all pollutants subject to fees shall pay a fee for one (1) ton.

4. An installation which pays emission fees to a holder of a certificate of authority issued pursuant to section 643.140, RSMo, may deduct those fees from the emission fee due under this section.

5. The fee imposed in paragraph (3)(A)1. of this rule shall not apply to NH₃, CO, PM_2.5, or HAPs reported as PM₁₀ or VOC, as summarized in Table 2 of this rule.

6. Emission fees for the reporting year are due June 1 after each reporting year. The fees shall be payable to the Missouri Department of Natural Resources.

7. To determine emission fees, an installation shall be considered one (1) source as defined in section 643.078.2, RSMo, except that an installation with multiple operating permits shall pay emission fees separately for air pollutants emitted under each individual permit.

TABLE 2. Pollutant Fee Applicability

Pollutants Subject to Fees	Pollutants Not Subject to Fees
PM₁₀ pri	PM_2.5 pri
SO₂	CO
NO_x	NH₃
VOC	HAPs reported as PM₁₀ or VOC
HAP
Lead

(B) Emission Estimation Calculation and Verification.

1. The method of determining an emission factor, capture efficiency, or control efficiency for use in the emissions report shall be consistent with the installation's applicable permit. Variance from this method shall be based on the hierarchy described below. If data is not available for an emission estimation method or an emission estimation method is impractical for a source, then the subsequent emission estimation method shall be used in its place-

A. Continuous Emission Monitoring System (CEMS) as specified in subparagraph (3)(B)2.A. of this rule;

B. Stack tests as specified in subparagraph (3)(B)2.B. of this rule;

C. Material/mass balance;

D. AP-42 (Environmental Protection Agency (EPA) Compilation of Air Pollution Emission Factors) or FIRE (Factor Information and Retrieval System) (as updated) as published by EPA January and August 1995 and hereby incorporated by reference in this rule. Copies can be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield VA 22161. This rule does not incorporate any subsequent amendments or additions;

E. Other E PA documents as specified in subparagraph (3)(B)2.C. of this rule;

F. Sound engineering or technical calculations; or

G. Facilities shall obtain department approval of emission estimation methods other than those listed in subparagraphs (3)(B)1.A.-F. of this rule before using any such method to estimate emissions in the submission of an emissions report.

2. The director reserves the authority to review and approve all emission estimation methods used to calculate emissions for the purpose of filing an emissions report for accuracy, reliability, and appropriateness. Inappropriate usage of an emission factor or method shall include, but is not limited to: varying from the method used in permit without prior approval, using emission factors not representative of a process, using equipment in a manner other than that for which it was designed for in calculating emissions, or using a less accurate emission estimation method for a process when a facility has more accurate emission data available. Additional requirements for the use of a specific emission estimation method include:

A. Continuous Emission Monitoring System (CEMS).

(I) CEMS must be shown to have met applicable performance specifications during the period for which data is being presented.

(II) CEMS data must be presented in the units which the system was designed to measure. Additional data sets used to extrapolate CEMS data must have equal or better reliability for such extrapolation to be acceptable.

(III) When using CEMS data to estimate emissions, the data must include all parameters (i.e., emission rate, gas flow rate, etc.) necessary to accurately determine the emissions. CEMS data which does not include all the necessary parameters must be reviewed and approved by the director or local air pollution control authority before it may be used to estimate emissions;

B. Stack tests.

(I) Stack tests must be conducted on the specific equipment for which the stack test results are used to estimate emissions.

(II) Stack tests must be conducted according to the methods cited in 10 CSR 10-6.030, unless an alternative method has been approved in advance by the director or local air pollution control authority.

(III) Stack tests will not be accepted unless the choice of test sites and a detailed test plan have been approved in advance by the director or local air pollution control authority.

(IV) Stack tests will not be accepted unless the director or local air pollution control authority has been notified of test dates at least thirty (30) days in advance and thus provided the opportunity to observe the testing. This thirty (30)-day notification may be reduced or waived on a case-by-case basis by the director or local air pollution control authority.

(V) Stack test results which do not meet all the criteria of parts (3)(B)2.B.(I)-(IV) of this rule may be acceptable for estimating emissions but must be submitted for review and approval by the director or local air pollution control authority on a case-by-case basis; and

C. Other EPA documents may be used to estimate emissions if the emission factors are more appropriate or source specific than AP-42 or FIRE. Newly developed EPA emission factors must be published by December 31 of the year for which the facility is submitting an emissions report.

(C) Emission Data and Fee Auditing and Adjustment.

1. The department may conduct detailed audits of emissions reports and supporting documentation as the director deems necessary. A minimum seven (7)-day notice must be provided to the installation to prepare documentation if this audit is done on-site.

2. The department may make emission fee adjustments when any of the following applies-

A. Clerical or arithmetic errors have been made;

B. Submitted documentation is not supported by inspections or audits;

C. Emissions estimates are modified as a result of emission verification or audits;

D. Credit has been incorrectly applied for an emissions fee paid to a local air pollution control agency; or

E. Emission estimation calculation varies from the methods described in subsection (3)(B) of this rule.

3. The department is not limited by subparagraphs (3)(C)2.A.- E. of this rule in making emission fee adjustments.

4. Adjustments to data and fees will be subject to a three (3)-year statute of limitations unless it is-

A. Due to a willful failure to report emissions or fraudulent representation for which there shall be no statute of limitations; or

B. Adjustment of emissions is based on a permitting action under 40 CFR 52.21 for which an adjustment of fees is required to all years of emission data changed up to a maximum of ten (10) years. 40 CFR 52.21 was promulgated as of July 1, 2017 and is hereby incorporated by reference 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. If approved, fees in effect at the time will be due, but no credit will be applied at the emission unit level.

(D) Public Availability of Emission Data and Process Information. Any information obtained pursuant to the rule(s) of the Missouri Air Conservation Commission that would not be entitled to confidential treatment under 10 CSR 10-6.210 shall be made available to any member of the public upon request.

(4) Reporting and Record Keeping. All data collected and recorded in accordance with the provisions of this rule shall be retained by the owner or operator for not less than five (5) years after the end of the calendar year in which the data was collected, and all these records shall be made available upon the director's request.

(A) The owner or operator of an installation that is subject to this rule shall collect information as required in this section of the rule. The information required in the emissions report is listed in Table 3 of this rule. All data elements must be reported initially and only changed data elements must be reported subsequently. To ensure permit consistency, the Air Pollution Control Program Emissions Inventory Unit will provide assistance to identify and quantify the data elements in Table 3 of this rule.

TABLE 3. Data Elements

1.	Inventory year
2.	Contact name
3.	Contact phone number
4.	Federal Information Processing Standard (FIPS) County Code
5.	Installation plant ID Code
6.	Emission unit ID
7.	Stack ID
8.	Site name
9.	Physical address
10.	Source Classification Code (SCC)
11.	Heat content (fuel) (annual average)
12.	Ash content (fuel) (annual average)
13.	Sulfur content (fuel) (annual average)
14.	Reportable pollutant
15.	Activity level/throughput
16.	Annual emissions
17.	Emission factor, with method
18.	Winter throughput (percent)
19.	Spring throughput (percent)
20.	Summer throughput (percent)
21.	Fall throughput (percent)
22.	Hr/day in operation
23.	Days/wk in operation
24.	Wks/yr in operation
25.	Stack height
26.	Stack diameter
27.	Exit gas temperature
28.	Exit gas velocity
29.	Exit gas flow rate
30.	Capture efficiency (percent)
31.	Control efficiency (percent)
32.	Control device type and ID
33.	Emission release point type
34.	Maximum Hourly Design Rate (MHDR)

(B) Types and Frequency of Reporting. The requirements in this subsection are summarized in Table 4 of this rule.

1. All sources (Part 70, intermediate, and small) must submit a Full Emissions Report for the first full calendar year of operation and, for point sources, a Full Emissions Report is required for an initial partial year of operation.

2. Starting with reporting year 2011, subsequent years of operation reports or forms shall be submitted as follows:

A. Part 70 sources must continue to submit a Full Emissions Report annually;

B. Intermediate sources must submit a Full Emissions Report every third year after 2011 (subsequent years 2014, 2017, 2020, etc.) and may submit a Reduced Reporting Form in other years unless either or both of the following apply:

(I) Any change in installation-wide emissions subject to fees of plus or minus five (5) tons or more since the last Full Emissions Report submitted requires a Full Emissions Report for that year; and

(II) A construction permit action issued under 10 CSR 10-6.060 section (5) or (6) requires a Full Emissions Report for the first full year the affected permitted equipment operates; and

C. Small sources may submit a Reduced Reporting Form for all subsequent years after a Full Emissions Report unless either or both of the following apply:

(II) A construction permit action issued under 10 CSR 10-6.060 section (5) or (6) requires a Full Emissions Report for the first full year the affected permitted equipment operates.

3. An installation may choose to complete a Full Emissions Report in any year.

TABLE 4. Summary of Types and Frequency of Reporting

Emission Year
Installation classification	2020	2021	2022	2023	2024	2025	2026	Years Beyond 2026*
Part 70	Full Emissions Report	Full Emissions Report	Full Emissions Report	Full Emissions Report	Full Emissions Report	Full Emissions Report	Full Emissions Report	*
Intermediate	Full Emissions Report	Reduced Reporting Form (subparagraph (4)(B)2.B.)	Reduced Reporting Form (subparagraph (4)(B)2.B.)	Full Emissions Report	Reduced Reporting Form (subparagraph (4)(B)2.B.)	Reduced Reporting Form (subparagraph (4)(B)2.B.)	Full Emissions Report	*
Small Source	Reduced Reporting Form (subparagraph (4)(B)2.C.)	Reduced Reporting Form (subparagraph (4)(B)2.C.)	Reduced Reporting Form (subparagraph (4)(B)2.C.)	Reduced Reporting Form (subparagraph (4)(B)2.C.)	Reduced Reporting Form (subparagraph (4)(B)2.C.)	Reduced Reporting Form (subparagraph (4)(B)2.C.)	Reduced Reporting Form (subparagraph (4)(B)2.C.)	*

*Reporting requirements for years beyond 2026 are repeated in three (3)-year cycles.

(e.g. requirements for years 2027, 2028, and 2029 are the same as years 2021, 2022, and 2023 respectively)

(C) Submittal Requirements.

1. The Full Emissions Report shall be submitted either electronically via MoEIS, which requires Form 1.0 signed by an authorized company representative, or on Emissions Inventory Questionnaire (EIQ) paper forms on the frequency specified in Table 4 of this rule. Alternate methods of reporting the emissions, such as a spreadsheet file, can be submitted for approval by the director.

2. An installation that does not submit a Full Emissions Report is required to submit a Reduced Reporting Form, which is due April 1 after each reporting year.

3. The Full Emissions Report is due April 1 after each reporting year. If the Full Emissions Report is filed electronically via MoEIS, this due date is extended to May 1.

4. The installation owner or operator of record on December 31 of the reporting year is responsible for the emissions report and associated fees for the entire reporting year.

5. If there is no production from an installation in a reporting year, no emission fees are due for that year but notice of such status must be provided to the director in writing by the emissions report due date of April 1.

6. If an installation is out of business, the final emissions report required will be for the full or partial year the installation went out of business. Notice of such status must be provided to the director in writing by the emissions report due date of April 1.

(5) Test Methods. (Not Applicable)

10 CSR 10-6.110

AUTHORITY: section 643.050, RSMo Supp. 2012.* Original rule filed June 13, 1984, effective 11/12/1984. Amended: Filed April 2, 1987, effective 8/27/1987. Amended: Filed May 14, 1993, effective 1/31/1994. Amended: Filed Sept. 2, 1993, effective 5/9/1994. Amended: Filed May 15, 1995, effective 12/30/1995. Amended: Filed May 15, 1997, effective 12/30/1997. Amended: Filed May 12, 1998, effective 12/30/1998. Amended: Filed May 14, 1999, effective 12/30/1999. Amended: Filed April 6, 2000, effective 11/30/2000. Amended: Filed June 1, 2001, effective 12/30/2001. Amended: Filed Jan. 16, 2002, effective 8/30/2002. Amended: Filed May 15, 2003, effective 12/30/2003. Amended: Filed May 17, 2004, effective 12/30/2004. Amended: Filed May 16, 2005, effective 12/30/2005. Amended: Filed May 11 , 2006, effective 12/30/2006. Amended: Filed May 14, 2007, effective 12/30/2007. Amended: Filed May 19, 2008, effective 12/30/2008. Amended: Filed Jan. 21, 2010, effective 9/30/2010. Amended: Filed March 13, 2013, effective 10/30/2013.

Amended by Missouri Register February 2, 2015/Volume 40, Number 03, effective 3/31/2015

Amended by Missouri Register December 3, 2018/Volume 43, Number 23, effective 1/29/2019

Amended by Missouri Register February 1, 2021/Volume 46, Number 03, effective 3/31/2021

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