Mo. Code Regs. tit. 10 § 10-6.261

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 10-6.261 - Control of Sulfur Dioxide Emissions

PURPOSE: This proposed rulemaking will remove all sources from the current Table I because the sulfur dioxide (SO₂) emission limits are included in other legally binding documents (e.g., Construction Permits, Consent Agreements, etc.) and/or emission limits are no longer necessary to comply with the 2010 1-hour SO₂ National Ambient Air Quality Standard (NAAQS). As a result, the current Table I will be removed in its entirety, and Table II will now be the new Table I. This proposed rulemaking will also add City Utilities of Springfield - James River Plant, to the new Table I list of affected SO₂ sources in the rule, codifying units #1 through #5 are using natural gas exclusively. An exemption will be added to subsection (1)(A) for units burning ultra low sulfur distillate fuel with a maximum fuel content of fifteen (15) parts per million (ppm). Subsection (3)(D) requiring sources in Jackson and Jefferson counties to use ultra-low sulfur distillate fuel oil will be eliminated since it is not required by a federally approved plan for nonattainment areas. The new Table I will be updated to more clearly state that only indirect heating units are subject to the table emission limits. The table in subsection (3)(C) will be replaced with a new table that specifies state areas and specific dates to clarify the terms "existing" and "new" in the old table, adding clarity by providing the necessary information in the table. Additionally, subsection (5)(A) will be revised to reference 10 CSR 10-6.030, offering a single location to determine applicable test methods. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Executive Order 17-03 Red Tape Reduction Review and related comments.

PURPOSE: This rule establishes requirements for emission units emitting sulfur dioxide (SO₂). These requirements maintain existing SO₂ regulatory requirements previously found in 10 CSR 10-6.260 that were in place prior to the establishment of the June 22, 2010, one (1)-hour SO₂ National Ambient Air Quality Standards (NAAQS). The rule consolidates, streamlines, and updates existing regulatory requirements in accordance with 536.175, RSMo.

(1) Applicability. This rule applies to any source that emits sulfur dioxide (SO₂). The following exceptions apply to any source not listed in Table I of this rule. Upon request of the director, owners or operators must furnish the director information to confirm that an exception criterion is met.

(A) Individual units fueled exclusively with natural gas (as defined in 40 CFR 72.2 ), liquefied petroleum gas as defined by American Society for Testing and Materials (ASTM) International, ultra-low sulfur distillate fuel oil with a maximum fuel sulfur content of fifteen (15) ppm, or any combination of these fuels as of December 31, 2016, and this exception is determined by complying with the record keeping requirements in section (4) of this rule;

(B) Individual indirect heating units with a rated capacity less than or equal to three hundred fifty thousand British thermal units (350,000 Btus) per hour actual heat input; or

(C) Individual units subject to a more restrictive SO₂ emission limit or more restrictive fuel sulfur content limit under -

1.10 CSR 10-6.070; or

2. Any federally enforceable permit.

(2) Definitions. Definitions of certain terms specified in this rule may be found in 10 CSR 10-6.020.

(3) General Provisions.

(A) SO₂ Emission Limits. Owners or operators of sources and/or units listed in Table I of this rule must limit their SO₂ emissions as specified.

Table I- Sources subject to SO₂ emission limits

Source	Source ID	Emission Limit per Source (Pounds SO2 per Million Btus Actual Heat Input)*	Averaging Time
Associated Electric Coop, Inc. - Chamois Plant	1510002	6.7	3 hours
City Utilities of Springfield - James River Plant (Boilers #1 through #5)	0770005	Natural Gas	N.A.
Empire District Electric Company - Asbury Plant	0970001	12.0	3 hours
New Madrid Power Plant - Marston	1430004	10.0	3 hours
Thomas Hill Energy Center Power Division - Thomas Hill	1750001	8.0	3 hours
University of Missouri (MU) - Columbia Power Plant	0190004	8.0	3 hours
Kansas City Power and Light Co. - Montrose Generating Station	0830001	3.9	24 hours
Ameren Missouri - Sioux Plant	1830001	4.8	Daily average, 00:01 to 24:00
Doe Run Company - Buick Resource Recycling Facility	0930009	8,650 pounds SO2/hr	1 -hour test repeated 3 times

*Applies to indirect heating units only.

(B) Owners or operators of indirect heating sources with a total capacity, excluding exempt units, greater than three hundred fifty thousand British thermal units (350,000 Btus) per hour actual heat input must limit their SO₂ emissions as follows:

1. For sources located in Missouri, other than in Franklin, Jefferson, St. Louis, St. Charles Counties, or City of St. Louis, no more than eight pounds (8 lbs.) of SO₂ per million Btus actual heat input averaged on any consecutive three (3)-hour time period unless that source is listed in Table I of this rule; and

2. For sources located in Franklin, Jefferson, St. Louis, St. Charles Counties, or City of St. Louis, no more than two and three-tenths pounds (2.3 lbs.) of SO₂ per million Btus actual heat input averaged on any consecutive three (3)-hour time period unless-

A. The source is listed in Table I of this rule; or

B. The source has a total rated capacity of less than two thousand (2,000) million Btus per hour and then the following restrictions apply.

(I) During the months of October, November, December, January, February, and March of every year, no person shall burn or permit the burning of any coal containing more than two percent (2%) sulfur or of any fuel oil containing more than two percent (2%) sulfur. Otherwise, no person shall burn or permit the burning of any coal or fuel oil containing more than four percent (4%) sulfur.

(II) Part (3)(B)2.B.(I) of this rule does not apply to any source if it can be shown that emissions of SO₂ from the source into the atmosphere will not exceed two and three-tenths pounds (2.3 lbs.) per million Btus actual heat input to the source.

(C) Owners or operators of sources and units not covered under subsection (3)(A) or (3)(B) of this rule must limit the fuel sulfur content as specified below.

Area of State	Source or unit construction date	Liquid fuel sulfur content in parts per million (ppm) sulfur
		Residual	Distillate
All	Began after the dates directly below in this table	8,509	8,812
Kansas City Metropolitan Area	Began on or before September 28, 1968	34,036	35,249
St. Louis Metropolitan Area	Began on or before March 24, 1967
Springfield-Greene County Area	Began on or before September 24, 1971
Outstate Area	Began on or before February 24, 1971

(D) Compliance Determination. Compliance must be determined as follows:

1. For sources and/or units listed in Table I of this rule already subject to an SO₂ Continuous Emission Monitoring System (CEMS) requirement, SO₂ CEMS data; and

A. SO₂ CEMS are not required for the following cases:

(I) Units fueled exclusively by natural gas and not using any secondary fuel; or

(II) Units fueled by natural gas and only using fuel oil for less than forty-eight (48) hours annually and only for qualifying situations (e.g., testing, maintenance, or operator training). The forty-eight (48)-hour annual limit for the use of fuel oil as a secondary fuel does not include qualifying curtailment events and compliance must be demonstrated using paragraph (3)(D)2. of this rule;

B. SO₂ CEMS must follow the requirements in subsection (5)(B) of this rule;

2. For sources subject to subsection (3)(B) or (3)(C) of this rule not required to use SO₂ CEMS for compliance and for sources listed in Table I of this rule not required to use SO₂ CEMS for compliance-

A. Fuel delivery records;

B. Fuel sampling and analysis;

C. Performance tests;

D. Continuous emission monitoring; or

E. Other compliance methods approved by the staff director and the U.S. Environmental Protection Agency and incorporated into the state implementation plan.

(4) Reporting and Record Keeping.

(A) Owners or operators of all sources subject to this rule must-

1. Report any excess emissions other than startup, shutdown, and malfunction excess emissions already required to be reported under 10 CSR 10-6.050 to the staff director for each calendar quarter within thirty (30) days following the end of the quarter. In all cases, the notification must be a written report and include, at a minimum, the following:

A. Name and location of source;

B. Name and telephone number of person responsible for the source;

C. Identity and description of the equipment involved;

D. Time and duration of the period of SO₂ excess emissions;

E. Type of activity;

F. Estimate of the magnitude of the SO₂ excess emissions expressed in the units of the applicable emission control regulation and the operating data and calculations used in estimating the magnitude;

G. Measures taken to mitigate the extent and duration of the SO₂ excess emissions; and

H. Measures taken to remedy the situation which caused the SO₂ excess emissions and the measures taken or planned to prevent the recurrence of these situations;

2. Maintain a list of modifications to the source's operating procedures or other routine procedures instituted to prevent or minimize the occurrence of any excess SO₂ emissions;

3. Maintain a record of data, calculations, results, records, and reports from any SO₂ emissions performance test, SO₂ continuous emission monitoring, fuel deliveries, and/or fuel sampling tests; and

4. Maintain a record of any applicable SO₂ monitoring data, performance evaluations, calibration checks, monitoring system and device performance tests, and any adjustments and maintenance performed on these systems or devices.

(B) Owners or operators of sources using SO₂ CEMS for compliance must also-

1. If SO₂ CEMS is already used to satisfy other requirements (other than only to demonstrate compliance with this rule), continue to follow all correlating SO₂ CEMS requirements; or

2. If SO₂ CEMS is used only to demonstrate compliance with this rule, the SO₂ CEMS and any necessary auxiliary monitoring equipment must follow the requirements in subsection (5)(B) of this rule.

(C) Owners or operators of sources using fuel delivery records for compliance must also maintain the fuel supplier certification information to certify all fuel deliveries. Bills of lading and/or other fuel delivery documentation containing the following information for all fuel purchases or deliveries are deemed acceptable to comply with the requirements of this rule:

1. The name, address, and contact information of the fuel supplier;

2. The type of fuel (bituminous or sub-bituminous coal, diesel, #2 fuel oil, etc.);

3. The moisture content of the coal (if applicable);

4. The sulfur content or maximum sulfur content expressed in percent sulfur by weight or in ppm sulfur; and

5. The heating value of the fuel.

(D) Owners or operators of sources using fuel sampling and analysis for compliance must also follow the requirements in subsection (5)(D) of this rule.

(E) Owners or operators of sources using SO₂ emissions performance tests for compliance must also follow the requirements in subsection (5)(A) of this rule.

(F) All required reports and records must be retained on-site for a minimum of five (5) years and made available within five (5) business days upon written or electronic request by the director.

(G) Owners or operators of sources subject to this rule must furnish the director all data necessary to determine compliance status.

(5) Test Methods.

(A) Owners or operators of sources must use one (1) or more of the following 40 CFR 60 test methods as specified in 10 CSR 10-6.030(22):

1. Method 1: Sample and velocity traverses for stationary sources;

2. Method 2: Determination of stack gas velocity and volumetric flow rate (Type S pitot tube);

3. Method 3: Gas analysis for the determination of dry molecular weight;

4. Method 4: Determination of moisture content in stack gases;

5. Method 6: Determination of Sulfur Dioxide Emissions from Stationary Sources;

6. Method 6A: Determination of Sulfur Dioxide, Moisture, and Carbon Dioxide from Fuel Combustion Sources;

7. Method 6B: Determination of Sulfur Dioxide and Carbon Dioxide Daily Average Emissions from Fossil Fuel Combustion Sources;

8. Method 6C: Determination of Sulfur Dioxide Emissions from Stationary Sources (Instrumental Analyzer Procedure); and

9. Method 8: Determination of sulfuric acid mist and sulfur dioxide emissions from stationary sources.

(B) Owners or operators of sources using an SO₂ CEMS for demonstrating compliance with this rule must follow the requirements in 40 CFR 75 and/or 40 CFR 60, Appendices B and F. 40 CFR 75 promulgated as of June 30, 2018 is 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. 40 CFR 60, Appendices B and F are as specified in 10 CSR 10-6.030(22).

(C) Owners or operators of secondary lead smelters must operate an SO₂ CEMS as follows:

1. The SO₂ CEMS must be certified by the owner or operator in accordance with 40 CFR 60 Appendix B, Performance Specification 2 and Section 60.13 as specified in 10 CSR 10-6.030(22) as is pertinent to SO₂ continuous emission monitors as adopted by reference in 10 CSR 10-6.070.

2. The span of SO₂ continuous emission monitors must be set at an SO₂ concentration of one-fifth percent (0.20%) by volume.

(D) Owners or operators of sources must use fuel sampling and analysis to determine sulfur weight percent, or equivalent, of fuel(s) used to operate fuel emission sources and/or units regulated by this rule in accordance with 10 CSR 10-6.040.

(E) The heating value of the fuel must be determined as specified in 10 CSR 10-6.040. The actual heat input must be determined by multiplying the heating value of the fuel by the amount of fuel burned during the source test period.

(F) Owners or operators of sources may use an alternative test method that provides results at least the same accuracy and precision as the replaced method, and is approved in advance by the staff director, the EPA, and incorporated into the state implementation plan.

10 CSR 10-6.261

Adopted by Missouri Register October 15, 2015/Volume 40, Number 20, effective 11/30/2015

Amended by Missouri Register February 1, 2019/Volume 44, Number 3, effective 4/1/2019