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[1]
 
 

Electronic Code of Federal Regulations

e-CFR Data is current as of October 21, 2014

Title 40Chapter ISubchapter CPart 52 → Subpart AA


Title 40: Protection of Environment
PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED)


Subpart AA—Missouri


Contents
§52.1319   [Reserved]
§52.1320   Identification of Plan.
§52.1321   Classification of regions.
§52.1322   Original Identification of Plan Section.
§52.1323   Approval status.
§52.1324   [Reserved]
§52.1325   Legal authority.
§52.1326   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1327   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
§§52.1326-52.1334   [Reserved]
§52.1335   Compliance schedules.
§§52.1336-52.1338   [Reserved]
§52.1339   Visibility protection.
§52.1340   Control strategy: Carbon monoxide.
§52.1341   Control strategy: Particulate.
§52.1342   Control strategy: Ozone.

§52.1319   [Reserved]

§52.1320   Identification of Plan.

Link to an amendment published at 79 FR 52566, September 4, 2014.

Link to an amendment published at 79 FR 62574, October 20, 2014.

Link to an amendment published at 79 FR 62846, October 21, 2014.

Link to an amendment published at 79 FR 62859, October 21, 2014.

(a) Purpose and scope. This section sets forth the applicable SIP for Missouri under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards (NAAQS).

(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to August 1, 2009, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after August 1, 2009, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 7 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the SIP as of August 1, 2009.

(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 7, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; at EPA Air and Radiation Docket and Information Center, EPA West Building, 1301 Constitution Avenue NW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). If you wish to obtain material from the EPA Regional Office, please call (800) 223-0425 or (913) 551-7122; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation Docket at (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c) EPA-approved regulations.

EPA-Approved Missouri Regulations

Missouri citationTitleState effective dateEPA approval dateExplanation
Missouri Department of Natural Resources
Chapter 1—Organization
10-1.020 (1) and (2)Commission Voting and Meeting Procedures7/30/19986/21/2013, 78 FR 37457
Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
10-2.040Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating9/4/841/24/85, 50 FR 3337Rescinded.
10-2.090Incinerators2/25/703/18/80, 45 FR 17145.The State has rescinded this rule.
10-2.100Open Burning Restrictions4/2/848/31/84, 49 FR 34484.
10-2.150Time Schedule for Compliance12/30/20081/24/11, 76 FR 4076The State has rescinded this rule.
10-2.205Control of Emissions from Aerospace Manufacture and Rework Facilities3/30/014/24/02, 67 FR 20036.
10-2.210Control of Emissions from Solvent Metal Cleaning2/29/086/20/08, 73 FR 35074.
10-2.215Control of Emissions from Solvent Cleanup Operations5/30/014/24/02, 67 FR 20036.
10-2.220Liquefied Cutback Asphalt Paving Restricted6/3/916/23/92, 57 FR 27939.
10-2.230Control of Emissions from Industrial Surface Coating Operations11/20/918/24/94, 59 FR 43480.4/3/95, 60 FR 16806 (correction).
10-2.260Control of Petroleum Liquid Storage, Loading, and Transfer4/30/042/2/05, 70 FR 5379.
10-2.290Control of Emissions from Rotogravure and Flexographic Printing Facilities3/30/928/30/93, 58 FR 45451.The State rule has Sections (6)(A) and (6)(B), which EPA has not approved. 9/6/94, 59 FR 43376 (correction).
10-2.300Control of Emissions from the Manufacturing of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products11/20/913/26/03, 68 FR 14539.4/3/95, 60 FR 16806 (correction).
10-2.310Control of Emissions from the Application of Automotive Underbody Deadeners11/20/918/24/94, 59 FR 43480.4/3/95, 60 FR 16806 (correction).
10-2.320Control of Emissions from Production of Pesticides and Herbicides11/20/918/24/94, 59 FR 43480.4/3/95, 60 FR 16806 (correction).
10-2.330Control of Gasoline Reid Vapor Pressure5/30/012/13/02, 67 FR 6660.
10-2.340Control of Emissions from Lithographic Printing Facilities9/30/0310/30/03, 68 FR 61758.
10-2.360Control of Emissions from Bakery Ovens11/30/957/20/98, 63 FR 38755.
10-2.385Control of Heavy Duty Diesel Vehicle Idling Emissions7/30/20123/18/2014, 79 FR 15017
10-2.390Kansas City Area Transportation Conformity Requirements7/27/0710/18/07, 72 FR 59014.
Chapter 3—Air Pollution Control Regulations for the Outstate Missouri Area
10-3.030Open Burning Restrictions7/31/984/1/99, 64 FR 15688.
10-3.040Incinerators2/1/783/18/80, 45 FR 17145.The State has rescinded this rule.
10-3.060Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating11/30/023/18/03, 68 FR 12831Rescinded.
Chapter 4—Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
10-4.040Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating11/30/023/18/03, 68 FR 12831Rescinded.
10-4.080Incinerators12/16/693/18/80, 45 FR 17145.The State has rescinded this rule.
10-4.090Open Burning Restrictions4/2/848/31/84, 49 FR 34484.
10-4.140Time Schedule for Compliance12/30/20081/24/11, 76 FR 4076The State has rescinded this rule.
Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
10-5.030Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating9/4/841/24/85, 50 FR 3337Rescinded.
10-5.040Use of Fuel in Hand-Fired Equipment Prohibited9/18/703/18/80, 45 FR 17145.
10-5.060Refuse Not To Be Burned in Fuel Burning Installations9/18/703/18/80, 45 FR 17145.The State has rescinded this rule.
10-5.070Open Burning Restrictions1/29/952/17/00, 65 FR 8060.
10-5.080Incinerators9/18/703/18/80, 45 FR 17145.The State has rescinded this rule.
10-5.120Information on Sales of Fuels To Be Provided and Maintained9/18/703/18/80, 45 FR 17145.
10-5.130Certain Coals To Be Washed05/30/201208/19/2014, 79 FR 49000
10-5.220Control of Petroleum Liquid Storage, Loading and Transfer9/30/074/2/08, 73 FR 17893.
10-5.240Additional Air Quality Control Measures May Be Required When Sources Are Clustered in a Small Land Area9/18/703/18/80, 45 FR 17145.
10-5.250Time Schedule for Compliance12/30/20081/24/11, 76 FR 4076The State has rescinded this rule.
10-5.295Control of Emissions from Aerospace Manufacturing and Rework Facilities2/29/005/18/00, 65 FR 31489.
10-5.300Control of Emissions from Solvent Metal Cleaning11/30/063/9/07, 72 FR 10610.
10-5.310Liquefied Cutback Asphalt Restricted3/1/893/5/90, 55 FR 7712.
10-5.330Control of Emissions from Industrial Surface Coating Operations8/30/20111/23/2012, 67 FR 3146.
10-5.340Control of Emissions from Rotogravure and Flexographic Printing Facilities8/30/20111/23/2012, 67 FR 3146.
10-5.350Control of Emissions from Manufacture of Synthesized Pharmaceutical Products11/20/918/24/94, 59 FR 43480.4/3/95, 60 FR 16806 (Correction Notice).
10-5.360Control of Emissions from Polyethylene Bag Sealing Operations11/20/918/24/94, 59 FR 43480.4/3/95, 60 FR 16806 (Correction Notice).
10-5.370Control of Emissions from the Application of Deadeners and Adhesives11/20/918/24/94, 59 FR 43480.4/3/95, 60 FR 16806 (Correction Notice).
10-5.380Motor Vehicle Emissions Inspection12/30/025/12/03, 68 FR 25414.
10-5.385Control of Heavy Duty Diesel Vehicle Idling Emissions7/30/20123/18/2014, 79 FR 15017
10-5.390Control of Emissions from Manufacture of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products8/30/008/14/01, 66 FR 42605.
10-5.410Control of Emissions from Manufacture of Polystyrene Resin11/20/918/24/94, 59 FR 43480.4/3/95, 60 FR 16806 (Correction Notice).
10-5.420Control of Equipment Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants3/11/893/5/90, 55 FR 7712.
10-5.440Control of Emissions from Bakery Ovens12/30/962/17/00, 65 FR 8060.
10-5.442Control of Emissions from Offset Lithographic Printing Operations8/30/20111/23/2012, 67 FR 3146.
10-5.450Control of VOC Emissions from Traffic Coatings5/28/952/17/00, 65 FR 8060.
10-5.451Control of Emissions from Aluminum Foil Rolling9/30/007/20/01, 66 FR 37906.
10-5.455Control of Emissions from Industrial Solvent Cleaning Operations08/30/20111/6/2014, 79 FR 580
10-5.480St. Louis Area Transportation Conformity Requirements02/28/118/29/13, 78 FR 53247.
10-5.490Municipal Solid Waste Landfills.5/30/124/15/14, 79 FR 21137
10-5.500Control of Emissions from Volatile Organic Liquid Storage2/29/005/18/00, 65 FR 31489.
10-5.510Control of Emissions of Nitrogen Oxides5/30/0611/6/06, 71 FR 64888.
10-5.520Control of Volatile Organic Compound Emissions from Existing Major Sources2/29/005/18/00, 65 FR 31489.
10-5.530Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations2/29/005/18/00, 65 FR 31489.
10-5.540Control of Emissions from Batch Process Operations2/29/005/18/00, 65 FR 31489.
10-5.550Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry2/29/005/18/00, 65 FR 31489.
10-5.570Control of Sulfur Emissions from Stationary Boilers09/30/0901/25/13, 78 FR 5302
Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri
10-6.010Ambient Air Quality Standards05/30/109/20/12, 77 FR 58309
10-6.020Definitions and Common Reference Tables2/28/133/17/14, 79 FR 14613
10-6.030Sampling Methods for Air Pollution Sources2/28/0612/5/06, 71 FR 70468.
10-6.040Reference Methods05/30/109/20/12, 77 FR 58309
10-6.050Start-up, Shutdown, and Malfunction Conditions07/30/1003/05/14, 79 FR 12394
10-6.060Construction Permits Required9/30/20126/21/2013, 78 FR 37451Provisions of the 2010 PM2.5 PSD—Increments, SILs and SMCs rule (75 FR 64865, October 20, 2010) relating to SILs and SMCs that were affected by the January 22, 2013 U.S. Court of Appeals decision are not SIP approved.
   Provisions of the 2002 NSR reform rule relating to the Clean Unit Exemption, Pollution Control Projects, and exemption from recordkeeping provisions for certain sources using the actual-to-projected-actual emissions projections test are not SIP approved.
   In addition, we have not approved Missouri's rule incorporating EPA's 2007 revision of the definition of “chemical processing plants” (the “Ethanol Rule,” 72 FR 24060 (May 1, 2007) or EPA's 2008 “fugitive emissions rule,” 73 FR 77882 (December 19, 2008).
   Although exemptions previously listed in 10 CSR 10-6.060 have been transferred to 10 CSR 10-6.061, the Federally-approved SIP continues to include the following exemption, “Livestock and livestock handling systems from which the only potential contaminant is odorous gas.”
   Section 9, pertaining to hazardous air pollutants, is not SIP approved.
10-6.061Construction Permits Exemptions7/30/0612/4/06, 70315.Section (3)(A)2.D. is not included in the SIP.
10-6.062Construction Permits by Rule5/30/079/26/07, 72 FR 54562.Section (3)(B)4. is not included in the SIP.
10-6.065Operating Permits9/30/052/21/07, 72 FR 7829.Section (4) Basic State Operating Permits, has not been approved as part of the SIP.
10-6.110Submission of Emission Data, Emission Fees, and Process Information09/30/201012/14/2011, 76 FR 77701Section (3)(A), Emissions Fees, has not been approved as part of the SIP
10-6.120Restriction of Emissions of Lead from Specific Lead Smelter-Refinery Installations3/30/056/12/06, 71 FR 33622.
10-6.130Controlling Emissions During Episodes of High Air Pollution Potential05/30/109/20/12, 77 FR 58309
10-6.140Restriction of Emissions Credit for Reduced Pollutant Concentrations from the Use of Dispersion Techniques5/1/863/31/89, 54 FR 13184.
10-6.150Circumvention8/15/904/17/91, 56 FR 15500.
10-6.170Restriction of Particulate Matter to the Ambient Air Beyond the Premises of Origin8/30/983/31/00, 65 FR 17164.
10-6.180Measurement of Emissions of Air Contaminants11/19/907/23/91, 56 FR 33714.
10-6.210Confidential Information1/27/952/29/96, 61 FR 7714.
10-6.220Restriction of Emission of Visible Air Contaminants9/30/0812/29/09, 74 FR 68689Subsection (1)(I) referring to the open burning rule, 10 CSR 10-6.045, is not SIP approved.
10-6.260Restriction of Emission of Sulfur Compounds09/30/1211/22/13, 78 FR 69995Section (3)(A)(1-4) approved pursuant to 111d only.
10-6.280Compliance Monitoring Usage3/30/028/27/02, 67 FR 54961.
10-6.300Conformity of General Federal Actions to State Implementation Plans07/31/119/18/13, 78 FR 5726710-6.300(3)(F)1.A and 10-6.300(3)(G)1 includes language that differs from the Federal rule.
10-6.330Restriction of Emissions from Batch-type Charcoal Kilns6/30/9812/8/98, 63 FR 67591.
10-6.350Emissions Limitations and Emissions Trading of Oxides of Nitrogen5/30/074/2/08, 73 FR 17890.
10-6.360Control of NOX Emissions from Electric Generating Units and Non-Electric Generating Boilers5/30/074/2/08, 73 FR 17890.
10-6.362Clean Air Interstate Rule Annual NOX Trading Program5/18/0712/14/07, 72 FR 71073.
10-6.364Clean Air Interstate Rule Seasonal NOX Trading Program5/18/0712/14/07, 72 FR 71073.
10-6.366Clean Air Interstate Rule SO2 Trading Program5/18/0712/14/07, 72 FR 71073.
10-6.380Control of NOX Emissions from Portland Cement Kilns10/30/058/15/06, 71 FR 46860.
10-6.390Control of NOX Emissions from Large Stationary Internal Combustion Engines05/30/201007/18/2014, 79 FR 41908
10-6.400Restriction of Emission of Particulate Matter from Industrial Processes02/28/1102/20/13, 78 FR 11758
10-6.405Restriction of Particulate Matter Emissions From Fuel Burning Equipment Used for Indirect Heating10/30/119/13/12, 77 FR 56555Replaces 10-2.040, 10-3.060, 10-4.040, and 10-5.030
10-6.410Emissions Banking and Trading09/30/1211/22/13, 78 FR 69995
Missouri Department of Public Safety Division 50-State Highway Patrol Chapter 2—Motor Vehicle Inspection
50-2.010Definitions4/11/828/12/85, 50 FR 32411.
50-2.020Minimum Inspection Station Requirements10/11/828/12/85, 50 FR 32411.
50-2.030Inspection Station Classification12/11/778/12/85, 50 FR 32411.
50-2.040Private Inspection Stations5/31/748/12/85, 50 FR 32411.
50-2.050Inspection Station Permits11/11/798/12/85, 50 FR 32411.
50-2.060Display of Permits, Signs and Poster11/31/748/12/85, 50 FR 32411.
50-2.070Hours of Operation11/11/838/12/85, 50 FR 32411.
50-2.080Licensing of Inspector/Mechanics4/13/788/12/85, 50 FR 32411.
50-2.090Inspection Station Operational Requirements8/11/788/12/85, 50 FR 32411.
50-2.100Requisition of Inspection Stickers and Decals6/12/808/12/85, 50 FR 32411.
50-2.110Issuance of Inspection Stickers and Decals12/11/778/12/85, 50 FR 32411.
50-2.120MVI-2 Form11/11/838/12/85, 50 FR 32411.
50-2.130Violations of Laws or Rules Penalty5/31/748/12/85, 50 FR 32411.
50-2.260Exhaust System5/31/748/12/85, 50 FR 32411.
50-2.280Air Pollution Control Devices12/11/808/12/85, 50 FR 32411.
50-2.290Fuel Tank5/3/748/12/85, 50 FR 32411.
50-2.350Applicability of Motor Vehicle Emission Inspection5/1/848/12/85, 50 FR 32411.
50-2.360Emission Fee11/1/838/12/85, 50 FR 32411.
50-2.370Inspection Station Licensing12/21/9010/13/92, 57 FR 46778.
50-2.380Inspector/Mechanic Licensing11/1/838/12/85, 50 FR 32411.
50-2.390Safety/Emission Stickers11/1/838/12/85, 50 FR 32411.
50-2.401General Specifications12/21/9010/13/92, 57 FR 46778.
50-2.402MAS Software Functions12/21/9010/13/92, 57 FR 46778.The SIP does not include Section (6), Safety Inspection.
50-2.403Missouri Analyzer System (MAS) Display and Program Requirements12/21/9010/13/92, 57 FR 46778.The SIP does not include Section (3)(B)4, Safety Inspection Sequences or (3)(M)5(II), Safety Inspection Summary.
50-2.404Test Record Specifications12/21/9010/13/92, 57 FR 46778.The SIP does not include Section (5), Safety Inspection Results.
50-2.405Vehicle Inspection Certificate, Vehicle Inspection Report, and Printer Function Specifications12/21/9010/13/92, 57 FR 46778.
50-2.406Technical Specifications for the MAS12/21/9010/13/92, 57 FR 46778.
50-2.407Documentation, Logistics and Warranty Requirements12/21/9010/13/92, 57 FR 46778.
50-2.410Vehicles Failing Reinspection12/21/9010/13/92, 57 FR 46778.
50-2.420Procedures for Conducting Only Emission Tests12/21/9010/13/92, 57 FR 46778.
Kansas City Chapter 8—Air Quality
8-2Definitions12/10/9812/22/99, 64 FR 71663.
8-4Open burning10/31/964/22/98, 63 FR 19823.
8-5Emission of particulate matter12/10/9812/22/99, 64 FR 71663.Only subsections 8-5(c)(1)b, 8-5(c)(1)c, 8-5(c)(2)a, 8-5(c)(3)a, 8-5(c)(3)b, 8-5(c)(3)c, 8-5(c)(3)d are approved in the SIP.
Springfield—Chapter 2A—Air Pollution Control Standards
Article IDefinitions12/04/0810/21/10 75 FR 64953Only Section 6-2 is approved by EPA.
Article IIAdministrative and Enforcement12/04/08Only Sections 6-151, 155, 156, and 171 are approved by EPA.
   Incinerators
Article V12/04/08Only Sections 6-311 through 314 are approved by EPA.
Article VIIStack Emission Test Method10/31/964/22/98, 63 FR 19823.Only Section 2A-25 is approved by EPA.
Article IXIncinerator10/31/964/22/98, 63 FR 19823.Only Sections 2A-34 through 38 are approved by EPA.
Article XXTest Methods and Tables10/31/964/22/98, 63 FR 19823.Only Sections 2A-51, 55, and 56 are approved by EPA.
St. Louis City Ordinance 68657
Section 6Definitions8/28/0312/9/03, 68 FR 68521.The phrase “other than liquids or gases” in the Refuse definition has not been approved.
Section 15Open Burning Restrictions8/28/0312/9/03, 68 FR 68521.

(d) EPA-approved State source-specific permits and orders.

EPA-Approved Missouri Source-Specific Permits and Orders

Name of sourceOrder/permit numberState effective dateEPA approval dateExplanation
(1) ASARCO Inc. Lead Smelter, Glover, MOOrder8/13/804/27/81, 46 FR 23412
(2) St. Joe Lead (Doe Run) Company Lead Smelter, Herculaneum, MOOrder3/21/846/11/84, 49 FR 24022
(3) AMAX Lead (Doe Run) Company Lead Smelter, Boss, MOOrder9/27/841/7/85, 50 FR 768
(4) Gusdorf Operating Permit, 11440 Lackland Road, St. Louis County, MOPermit Nos: 04682-04693*4/29/8010/15/84, 49 FR 40164
(5) Doe Run Lead Smelter, Herculaneum, MOConsent Order3/9/903/6/92, 57 FR 8076
(6) Doe Run Lead Smelter, Herculaneum, MOConsent Order8/17/903/6/92, 57 FR 8076
(7) Doe Run Lead Smelter, Herculaneum, MOConsent Order7/2/935/5/95, 60 FR 22274
(8) Doe Run Lead Smelter, Herculaneum, MOConsent Order (Modification)4/28/945/5/95, 60 FR 22274In a notice published on 8/15/97 at 62 FR 43647, EPA required implementation of the contingency measures.
(9) Doe Run Lead Smelter, Herculaneum, MOConsent Order (Modification)11/23/945/5/95, 60 FR 22274
(10) Doe Run Buick Lead Smelter, Boss, MOConsent Order7/2/938/4/95, 60 FR 39851
(11) Doe Run Buick Lead Smelter, Iron County, MOConsent Order (Modification)9/29/948/4/95, 60 FR 39851
(12) ASARCO Glover Lead Smelter, Glover, MOConsent Decree CV596-98CC with exhibits A-G7/30/963/5/97, 62 FR 9970
(13) Eagle-Picher Technologies, Joplin, MOConsent Agreement08/26/994/24/00, 65 FR 21649
(14) Doe Run Resource Recycling Facility near Buick, MOConsent Order5/11/0010/18/00, 65 FR 62295
(15) St. Louis UniversityMedical Waste Incinerator9/22/924/22/98, 63 FR 19823
(16) St. Louis UniversityPermit Matter No. 00-01-0041/31/0010/26/00, 65 FR 64156
(17) St. Joseph Light & Power SO2Consent Decree5/21/0111/15/01, 66 FR 57389
(18) Asarco, Glover, MOModification of Consent Decree, CV596-98CC7/31/004/16/02, 67 FR 18497
(19) Doe Run, Herculaneum, MOConsent Judgement, CV301-0052C-J1, with Work Practice Manual and S.O.P. for Control of Lead Emissions (Rev 2000)1/5/014/16/02, 67 FR 18497
(20) Springfield City Utilities James River Power Station SO2Consent Agreement12/6/013/25/02, 67 FR 13570
(21) St. Louis UniversityPermit Matter No. 00-01-0048/28/0312/9/03, 68 FR 68521Updates a reference in section II.B. to Ordinance No. 65645.
(22) Doe Run Lead Smelter, Glover, MOSettlement Agreement10/31/0310/29/04, 69 FR 63072
(23) Grossman Iron and Steel CompanyPermit No. SR00.045A7/19/0612/4/06, 71 FR 70312
(24) Doe Run Herculaneum, MOConsent Judgment Modification, CV301-0052CCJ112/20/055/4/07, 72 FR 25203
(25) Doe Run Herculaneum, MOConsent Judgment Modification 07JE-CC005525/21/07
7/29/09 modification
2/17/12, 77 FR 9529This approval does not include any subsequent modifications after 2009.
(26) HolcimApril 19, 20096/26/12, 77 FR 38011§52.1339(c); Limited Approval.

*St Louis County.

(e) EPA approved nonregulatory provisions and quasi-regulatory measures.

EPA-Approved Missouri Nonregulatory SIP Provisions

Name of nonregulatory SIP
provision
Applicable geographic or nonattainment areaState submittal dateEPA approval dateExplanation
(1) Kansas City and Outstate Air Quality Control Regions PlanKansas City and Outstate1/24/725/31/72, 37 FR 10875
(2) Implementation Plan for the Missouri portion of the St. Louis Interstate Air Quality Control RegionSt. Louis1/24/725/31/72, 37 FR 10875
(3) Effects of adopting Appendix B to NO2 emissionsSt. Louis3/27/725/31/72, 37 FR 10875
(4) CO air quality data baseSt. Louis5/2/725/31/72, 37 FR 10875
(5) Budget and manpower projectionsStatewide2/28/7210/28/72, 37 FR 23089
(6) Emergency episode manualKansas City5/11/7210/28/72, 37 FR 23089
(7) Amendments to Air Conservation LawStatewide7/12/7210/28/72, 37 FR 23089
(8) Air monitoring planOutstate7/12/7210/28/72, 37 FR 23089
(9) Amendments to Air Conservation LawStatewide8/8/7210/28/72, 37 FR 23089
(10) Transportation control strategyKansas City5/11/73, 5/21/736/22/73, 38 FR 16566
(11) Analysis of ambient air quality data and recommendation to not designate the area as an air quality maintenance areaKansas City4/11/743/2/76, 41 FR 8962
(12) Recommendation to designate air quality maintenance areasSt. Louis, Columbia, Springfield5/6/749/9/75, 40 FR 41950
(13) Plan to attain the NAAQSKansas City, St. Louis7/2/794/9/80, 45 FR 24140Correction notice published 7/11/80.
(14) Schedule for I/M program and commitment regarding difficult transportation control measures (TCMs)St. Louis9/9/803/16/81, 46 FR 16895
(15) Lead SIPStatewide9/2/80,
2/11/81,
2/13/81
4/27/81, 46 FR 23412,
7/19/84, 49 FR 29218
Correction notice published 5/15/81.
(16) Report on recommended I/M programSt. Louis12/16/808/27/81, 46 FR 43139No action was taken on the specific recommendations in the report.
(17) Report outlining commitments to TCMs, analysis of TCMs, and results of CO dispersion modelingSt. Louis2/12/81,
4/28/81
11/10/81, 46 FR 55518
(18) 1982 CO and ozone SIPSt. Louis12/23/82,
8/24/83
10/15/84, 49 FR 40164
(19) Air quality monitoring planStatewide6/6/849/27/84, 49 FR 38103
(20) Vehicle I/M programSt. Louis8/27/848/12/85, 50 FR 32411
(21) Visibility protection planHercules Glades and Mingo Wildlife Area5/3/852/10/86, 51 FR 4916
(22) Plan for attaining the ozone standard by December 31, 1987St. Louis8/1/859/3/86, 51 FR 31328
(23) PM10 planStatewide3/29/88,
6/15/88
7/31/89, 54 FR 31524
(24) Construction permit fees including Chapter 643 RSMoStatewide1/24/89,
9/27/89
1/9/90, 55 FR 735
(25) PSD NOx requirements including a letter from the State pertaining to the rules and analysisStatewide7/9/903/5/91, 56 FR 9172
(26) Lead planHerculaneum9/6/90,
5/8/91
3/6/92, 57 FR 8076
(27) Ozone maintenance planKansas City10/9/916/23/92, 57 FR 27939
(28) Small business assistance planStatewide3/10/9310/26/93, 58 FR 57563
(29) Part D Lead planHerculaneum7/2/93,
6/30/94,
11/23/94
5/5/95, 60 FR 22274
(30) Intermediate permitting program including three letters pertaining to authority to limit potential to emit hazardous air pollutantsStatewide3/31/94,
11/7/94,
10/3/94,
2/10/95
9/25/95, 60 FR 49340
(31) Part D lead planBixby7/2/93,
6/30/94
8/4/95, 60 FR 39851
(32) Transportation conformity plans including a policy agreement and a letter committing to implement the State rule consistent with the Federal transportation conformity ruleSt. Louis, Kansas City2/14/952/29/96, 61 FR 7711
(33) Emissions inventory update including a motor vehicle emissions budgetKansas City4/12/954/25/96, 61 FR 18251
(34) Part D Lead PlanGlover8/14/963/5/97, 62 FR 9970
(35) CO Maintenance PlanSt. Louis6/13/97,
6/15/98
1/26/99, 64 FR 3855
(36) 1990 Base Year InventorySt. Louis1/20/952/17/00, 65 FR 8063
(37) 15% Rate-of-Progress PlanSt. Louis11/12/995/18/00, 65 FR 31489
(38) Implementation plan for the Missouri inspection maintenance programSt. Louis11/12/995/18/00, 65 FR 31482
(39) Doe Run Resource Recycling Facility near Buick, MODent Township in Iron County5/17/0010/18/00, 65 FR 62298
(40) Commitments with respect to implementation of rule 10 CSR 10-6.350, Emissions Limitations and Emissions Trading of Oxides of NitrogenStatewide8/8/0012/28/00, 65 FR 82288
(41) Contingency Plan including letter of April 5, 2001St. Louis10/6/97,
4/5/01
6/26/01, 66 FR 34011
(42) Ozone 1-Hour Standard Attainment Demonstration Plan for November 2004 including 2004 On-Road Motor Vehicle Emissions BudgetsSt. Louis11/10/99, 11/2/00,
2/28/01,
3/7/01
6/26/01, 66 FR 34011
(43) Doe Run Resources Corporation Primary lead Smelter, 2000 Revision of Lead SIPHerculaneum, MO1/9/014/16/02, 67 FR 18502The SIP was reviewed and approved by EPA on 1/11/01.
(44) Doe Run Resources Corporation Primary Lead Smelter, 2000 Revision of Lead SIPGlover, MO6/15/014/16/02, 67 FR 18502The SIP was reviewed and approved by EPA on 6/26/01.
(45) Maintenance Plan for the Missouri Portion of the St. Louis Ozone Nonattainment Area including 2014 On-Road Motor Vehicle Emission BudgetsSt. Louis12/6/025/12/03, 68 FR 25442
(46) Maintenance Plan for the 1-hour ozone standard in the Missouri portion of the Kansas City maintenance area for the second ten-year periodKansas City12/17/021/13/04, 69 FR 1923
(47) Vehicle I/M ProgramSt. Louis10/1/035/13/04, 69 FR 26506
(48) Revised Maintenance Plan of Doe Run Resource Recycling Facility near Buick, MODent Township in Iron County4/29/038/24/04, 69 FR 51953Furnace daily throughput limits required to be consistent with rule 10 CSR 10-6.120. Annual production cap in Doe Run construction permit not affected by this rulemaking.
(49) Lead Maintenance PlanIron County (part) within boundaries of Liberty and Arcadia Townships1/26/0410/29/04, 69 FR 63072
(50) Revision to Maintenance Plan for the 1-hour ozone standard in the Missouri portion of the Kansas City maintenance area for the second ten-year periodKansas City10/28/056/26/06, 71 FR 36210
(51) CAA 110(a)(2)(D)(i) SIP—Interstate TransportStatewide2/27/075/8/07, 72 FR 25085
(52) Submittal of the 2002 Base Year Inventory for the Missouri Portion of the St. Louis 8-hour ozone nonattainment area and Emissions Statement SIPSt. Louis6/15/065/31/07, 72 FR 30272
(53) Maintenance Plan for the 8-hour ozone standard in the Missouri portion of the Kansas City areaKansas City5/23/078/9/07, 72 FR 44778This plan replaces numbers (46) and (50).
(54) Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone NAAQSStatewide02/27/200707/11/2011, 76 FR 40621This action addresses the following CAA elements, as applicable: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
(55) VOC RACT Requirements for the 8-hour ozone NAAQSSt. Louis1/17/2007, 6/01/2011, 8/30/20111/23/2012, 77 FR 3144 1/6/2014, 79 FR 580
(56) CAA Section 110(a)(2) SIP—1978 Pb NAAQSCity of Herculaneum, MO7/29/092/17/12, 77 FR 9529
(57) Regional Haze Plan for the first implementation periodStatewide8/5/09, supplemented 1/30/126/26/12, 77 FR 38011§52.1339(c); Limited Approval.
(58) Section 110(a)(2) Infrastructure Requirements for the 1997 PM2.5 NAAQSStatewide2/27/20076/21/2013, 78 FR 37461This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II) prongs 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
(59) Section 110(a)(2) Infrastructure Requirements for the 2006 PM2.5 NAAQSStatewide12/28/20096/21/2013, 78 FR 37461This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II) prongs 3 and 4, (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
(60) Section 128 Declaration: Missouri Air Conservation Commission Representation and Conflicts of Interest Provisions; Missouri Revised Statutes (RSMo) RSMo 105.450, RSMo 105.452, RSMo 105.454, RSMo 105.462, RSMo 105.463, RSMo 105.466, RSMo 105.472, and RSMo 643.040.2Statewide8/08/20126/21/2013, 78 FR 37461
(61) Section 110(a)(2) Infrastructure Requirements for the 2008 Pb NAAQSStatewide12/20/201108/19/2014, 79 FR 48995This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M).

[64 FR 34719, June 29, 1999]

Editorial Note: For Federal Register citations affecting §52.1320, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§52.1321   Classification of regions.

The Missouri plans were evaluated on the basis of the following classifications:

Air quality control regionPollutant
Particulate matterSulfur oxidesNitrogen dioxideCarbon monoxidePhotochemical oxidants (hydrocarbons)
Metropolitan Kansas City InterstateIIIIIIIII
Southwest Missouri IntrastateIIIIIIIIIIIII
Southeast Missouri IntrastateIIIIIIIIIIIIIII
Northern Missouri IntrastateIIIIIIIIIIIIII
Metropolitan St. Louis InterstateIIIIIII

[37 FR 10875, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]

§52.1322   Original Identification of Plan Section.

(a) This section identifies the original “Air Implementation Plan for the State of Missouri” and all revisions submitted by Missouri that were Federally approved prior to July 1, 1999.

(b) The plans were officially submitted on January 24, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Budget and manpower projections were submitted by the State Air Conservation Commission (ACC) on February 28, 1972. (Non-regulatory)

(2) A memorandum from the State Air Conservation Commission concerning the effects of adopting Appendix B to NO2 emissions in the St. Louis area was submitted on March 27, 1972. (Non-regulatory)

(3) The determination of the CO air quality data base on the St. Louis area was submitted on May 2, 1972, by the Air Conservation Commission. (Non- regulatory)

(4) The emergency episode operations/communications manual for the Kansas City area was submitted on May 11, 1972, by the State Air Conservation Commission. (Non-regulatory)

(5) Amendments to the Air Conservation Law, Chapter 203, and plans for air monitoring for outstate Missouri were submitted July 12, 1972, by the Air Conservation Commission.

(6) The following amendments to the St. Louis and Kansas City outstate plans were submitted August 8, 1972, by the State ACC: Air Conservation Law, Chapter 203; Kansas City Ordinance, Chapter 18; Regulations XVIII, XX, XXVI (St. Louis); Regulations X, XII, XVII (Kansas City) and Regulations S-11, S-X111 and S-X11 (outstate).

(7) Letters discussing transportation control strategy for Kansas City Interstate AQCR submitted by the State ACC on May 11 and 21, 1973. (Non-regulatory)

(8) Alert plan for St. Louis County and outstate Missouri was submitted on May 24, 1973, by the ACC. (Regulatory)

(9) Copy of the State's analysis of ambient air quality in the Missouri portion of the Metropolitan Kansas City Interstate Air Quality Control Region and recommendation that the area not be designated as an Air Quality Maintenance Area submitted by the Missouri Air Conservation Commission on April 11, 1974. (Non-regulatory)

(10) Copy of the State's analysis of the Missouri portion of the Metropolitan St. Louis Interstate Standard Metropolitan Statistical Area (SMSA), the Columbia SMSA and the Springfield SMSA and recommendations for the designation of Air Quality Maintenance Areas submitted by the Missouri Air Conservation Commission on May 6, 1974. (Non-regulatory)

(11) Compliance Schedules were submitted by the Missouri Air Conservation Commission on June 3 and October 1, 1976.

(12) Compliance Schedules were submitted by the Missouri Air Conservation Commission on November 23, 1976.

(13) On August 28, 1978, the following revisions were submitted by the Missouri Department of Natural Resources:

(i) The recodification of Missouri regulations of July 1, 1976, now contained in Title 10, Division 10 of the Code of State Regulations.

(ii) Title 10, Division 10, Chapter 6 of the Code of State Regulations which contains air quality standards, definitions, and reference methods.

(iii) Missouri Rule 10 CSR 10-2.200; Rule 10 CSR 10-3.150; and Rule 10 CSR 10-4.190 pertaining to control of SO2 from indirect heating sources.

(iv) Missouri Rule 10 CSR 10-2.030; Rule 10 CSR 10-3.050; Rule 10 CSR 10-4.030; and 10 CSR 10-5.050 exempting certain process sources from the process weight regulations for particulate matter.

(v) Missouri Rule 10 CSR 10-2.190; Rule 10 CSR 10-3.140; Rule 10 CSR 10-4.180; and Rule 10 CSR 10-5.280 which contain the “Standards of Performance for New Stationary Sources,” found at 40 CFR part 60 as in effect on January 18, 1975.

(vi) Missouri Rule 10 CSR 10-2.060; Rule 10 CSR 10-3.080; Rule 10 CSR 10-4.060; and Rule 10 CSR 10-5.090 which require continuous opacity monitors for certain sources.

(vii) Missouri Rule 10 CSR 10-5.140 for determining settlable acid and alkaline mists is rescinded.

(viii) The EPA is taking no action on Rule 10 CSR 10-5.100; 10 CSR 10-2.050, and 10 CSR 10-3.070 which limit fugitive particulate emissions from the handling, transporting and storage of materials in the State of Missouri.

(14) On March 12, 1979, the Missouri Department of Natural Resources submitted Rule 10 CSR 10-3.100 and Rule 10 CSR 10-5.150 establishing revised SO2 emission limits for primary lead smelters.

(15) On March 1, 1979, the Missouri Department of Natural Resources submitted a revision of regulation 10 CSR 10-5.110 revising the allowable emission rates of sulfur dioxide from Union Electric's Sioux and Labadie power plants.

(16) On July 2, 1979, the State of Missouri submitted a plan to attain the National Ambient Air Quality Standards for the Kansas City and St. Louis areas of the state designated nonattainment under section 107 of the Clean Air Act, as amended in 1977. Included in the plan are the following approved regulations as amended, in part, in subsequent submittals:

(i) Rule 10 CSR 10-2.210 and 10 CSR 10-5.300 Control of Emissions from Solvent Metal Cleaning are approved as RACT;

(ii) Rule 10 CSR 10-2.220 and 10 CSR 10-5.310 Liquified Cutback Asphalt Paving Restriated are approved as RACT;

(iii) Rule 10 CSR 10-5.220 Control of Petroleum Liquid Storage, Loading and Transfer (St. Louis) is approved as RACT.

(iv) Rule 10 CSR 10-2.260 Control of Petroleum Liquid Storage, Loading and Transfer (Kansas City) is approved as RACT;

(v) Rule 10 CSR 10-5.030 Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating is approved as RACT;

(vi) Rule 10 CSR 10-5.090 Restriction of Emission of Visible Air Contaminants is approved as RACT;

(vii) Rule 10 CSR 10-5.290 More Restrictive Emission Limitations for Sulfur Dioxide and Particulate Matter in South St. Louis is approved as RACT;

(viii) Rule 10 CSR 10-2.040 Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating is approved as RACT;

(ix) Rule 10 CSR 10-2.240 Restriction of Emissions of Volatile Organic Compounds from Petroleum Refinery Sources is approved as RACT;

(x) Rule 10 CSR 10-2.250 Control of Volatile Leaks from Petroleum Refinery Equipment is approved as RACT; and

(xi) Rule 10 CSR 10-2.230 and 10 CSR 10-5.330 Control of Emissions from Industrial Surface Coating Operations is approved as RACT.

(17) On July 2, 1979, the Missouri Department of Natural Resources submitted variances (compliance schedules) for Union Electric Company's Labadie power plant, River Cement Company, and Monsanto Company's Queeny plant. The compliance schedules require these sources to comply with revised Rule 10 CSR 10-5.090. In addition, the Labadie power plant is required to come into compliance with Rule 10 CSR 10-5.030.

(18) On April 7, 1980 the State of Missouri submitted plan revisions for the review and permitting of sources of air pollutant emissions in nonattainment areas. Included in the plan are Missouri regulations 10 CSR 10-6.020, Definitions, and 10 CFR 10-6.060, Permits Required, as amended, in part, in subsequent submittals, which are approved as meeting the requirements of sections 172(b)(6), 172(b)(11)(A) and 173.

(19) On July 2, 1979, the Missouri Department of Natural Resources submitted the variance for the University of Missouri power plant.

(20) On March 11, 1977 the Missouri Department of Natural Resources submitted a variance for Noranda Aluminum.

(21) On June 25, 1979 the Missouri Department of Natural Resources submitted a variance for Associated Electric Cooperative in New Madrid.

(22) On April 25, 1979, the Missouri Department of Natural Resources submitted the variance for the Union Electric Company's Meramec power plant.

(23) Revisions to Rule 10 CSR 10-2.260 Control of Petroleum Liquid Storage, Loading and Transfer (Kansas City), submitted on September 5, 1980, amending the vapor pressure limit in Section 2(A) and amending the limit on gasoline loading in Section 3(B)(1), are approved as RACT.

(24) A schedule for an inspection and maintenance program in St. Louis and a commitment by the East-West Gateway Coordinating Council regarding difficult transportation control measures, submitted on September 9, 1980.

(25) On September 5, 1980, the State of Missouri submitted new regulations and amendments to existing regulations to control emissions of volatile organic compounds in the St. Louis and Kansas City ozone nonattainment areas. Included in the plan revision are the following approved regulations as amended, in part, in subsequent submittals:

(i) Amendments to Rule 10 CSR 10-2.230 and to Rule 10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating Operations, are approved as RACT;

(ii) Amendments to Rule 10 CSR 10-2.260 and to Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading and Transfer, are approved as RACT;

(iii) Amendments to Rule 10 CSR 10-6.020, Definitions, and to Rule 10 CSR 10-6.030, Sampling Methods for Air Pollution Sources, and to Rule 10 CSR 10-6.040, Reference Methods, are approved as RACT;

(iv) Rule 10 CSR 10-2.280 and Rule 10 CSR 10-5.320, Control of Emissions from Perchloroethylene Dry Cleaning Installations, are approved as RACT;

(v) Rule 10 CSR 10-2.290, Control of Emissions from Rotogravure and Flexographic Printing Facilities, is approved as RACT;

(vi) Rule 10 CSR 10-5.350, Control of Emissions from the Manufacture of Synthesized Pharmaceutical Products, is approved as RACT;

(vii) Rule 10 CSR 10-5.340, Control of Emissions from Rotogravure and Flexographic Printing Facilities is approved as RACT.

(26) On September 2, 1980, the Missouri Department of Natural Resources submitted the State Implementation Plan for Lead. On February 11 and 13, 1981, the Missouri Department of Natural Resources submitted two letters containing additional information concerning the State Implementation Plan for Lead.

(27) On September 5, 1980, the state of Missouri submitted a plan revision which involved provisions for start-up, shutdown, and malfunction conditions. Included in the plan are new Missouri Rule 10 CSR 10-6.050, Start-up Shutdown, and MalfunctionConditions; and revisions to Rule 10 CSR 10-6.020, Defintions and Amended Start-up, Shutdown and Malfunction Provisions in Rules 10 CSR 10-2.030, 10-3.050, 10-3.060, 10-3.080, 10-4.030, 10-4.040, and 10-5.050.

(28) Revisions to Rule 10 CSR 10-6.060 Permits Required, submitted on April 7, 1981.

(29) A revision to Rule 10 CSR 10-5.220 Control of Petroleum Liquid Storage, Loading and Transfer (St. Louis), submitted on April 14, 1981, amending the emission limit in Section 3, is approved as RACT.

(30) A report on the recommended type of I/M program, stringency factor, vehicle test mix, and program resources and justification, submitted on December 16, 1980, is approved as meeting the applicable condition on the SIP. No action is being taken with respect to the approvability of the specific recommendation sin the report.

(31) A report from the East-West Gateway Coordinating Council outlining commitments to transportation control measures, an analysis of those measures, and the results of the carbon monoxide dispersion modeling, submitted on February 12 and April 28, 1981, is approved as meeting the applicable condition on the SIP.

(32) A variance from Missouri Rule 10 CSR 10-3.050 Restriction of Emission of Particulate Matter From Industrial Processes, for St. Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the Missouri Department of Natural Resources on May 6, 1981 with supplementary information submitted on June 22 and July 28, 1981.

(33) On September 5, 1980, the Missouri Department of Natural Resources submitted a revision of Missouri Rule 10 CSR 10-3.050, Restriction of Emission of Particulate Matter from Industrial Processes, which exempts existing Missouri type charcoal kilns from the rule.

(34) A variance from Missouri Rules 10 CSR 10-3.060, Maximum Allowable Emissions of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating, and 10 CSR 10-3.080, Restriction of Emission of Visible Air Contaminants, was submitted by the Missouri Department of Natural Resources on August 12, 1981.

(35) A variance from Missouri Rule 10 CSR 10-2.260, Control of Petroleum Liquid Storage, Loading and Transfer for the Kansas City Metropolitan Area, was submitted by the Missouri Department of Natural Resources on June 11, 1981.

(36) Revisions to Rule 10 CSR 10-5.340, Control of Emissions from Rotogravure and Flexographic Printing Facilities, submitted on April 15, 1982, are approved as RACT.

(37) On April 15, 1982, the State of Missouri submitted a new Rule 10 CSR 10-6.060, Permits Required, and Amendments to Rule 10 CSR 10.6020, Definitions, involving the review and permitting of new sources of air pollution. Included in the plan are provisions relating to the attainment area (PSD) new source review. The plan also includes new source review provisions of nonattainment areas in the State.

(38) Revisions to Rules 10 CSR 10-2.280 (Kansas City) and 10 CSR 10-5.320 (St. Louis), both entitled Control of Emissions from Perchloroethylene Dry Cleaning Installations, and 10 CSR 10-5.290, More Restrictive Emission Limitations for Sulfur Dioxide and Particulate Matter in the South St. Louis Area, submitted on July 13, 1982, are approved.

(39) [Reserved]

(40) The 1982 carbon monoxide and ozone state implementation plan revisions were submitted by the Department of Natural Resources on December 23, 1982. A revised version of the 1982 carbon monoxide and ozone plan was submitted by the Department of Natural Resources on August 24, 1983. This version contained updated inventories, attainment demonstrations and schedules to adopt rules. The submission included new rule 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag Sealing Operations. (No action was taken with respect to provisions dealing with control strategy demonstration, reasonable further progress and inspection and maintenance of motor vehicles.)

(41) Revised rule 10 CSR 10-1.010, General Organization, was submitted by the Missouri Department of Natural Resources on December 30, 1982.

(42) [Reserved]

(43) On March 26, 1984, the Missouri Department of Natural Resources submitted a revision to the September 2, 1980, lead State Implementation Plan pertaining to item 4 of the consent order for the St. Joe Lead Company. The revision consists of a substitution of equivalent control measures for item 4.

(44) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of Emission of Particulate Matter from Industrial Processes, for the St. Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the Missouri Department of Natural Resources on July 1, 1983.

(45) The Missouri Department of Natural Resources submitted revisions to regulations 10 CSR 10-2.100, 3.030, 4.090, and 5.070 requiring operating permits for open burning of untreated wood waste at solid waste disposal and processing installations effective April 12, 1984.

(46) On June 6, 1984, the Missouri Department of Natural Resources submitted the Air Quality Monitoring State Implementation Plan.

(47) In a letter dated August 14, 1984, the Missouri Department of Natural Resources submitted the rules, 10 CSR 10-6.030, Sampling Methods for Air Pollution Sources, and 10 CSR 10-6.040, Reference Methods.

(48) Revised rules 10 CSR 10-2.040, 3.060, 4.040 and 5.030 all entitled “Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating” were submitted September 24, 1984, by the Department of Natural Resources.

(49) On October 5, 1984, the Missouri Department of Natural Resources submitted a revision to the September 2, 1980, lead State Implementation Plan pertaining to item 6 of the Consent Order for the AMAX Lead Company. The revision consists of a substitution of equivalent control measures for item 6.

(50) The Missouri Department of Natural Resources submitted an amendment to Rule 10 CSR 10-5.330 “Control of Emissions from Industrial Surface Coating Operations,” limiting emissions from surface coating of plastic parts and new Rule 10 CSR 10-5.370 “Control of Emissions from the Application of Deadeners and Adhesives” on January 24, 1984; and new Rule 10 CSR 10-5.390, “Control of Emissions from Manufacture of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products” and an amendment to 10 CSR 10-6.020, “Definitions” on April 10, 1984. (Approval action was deferred on 10 CSR 10-5.370.)

(51) The motor vehicle inspection and maintenance program for the St. Louis area was submitted August 27, 1984, by the Department of Natural Resources.

(i) Incorporation by reference.

(A) Amendment to Regulations 10 CSR 10-5.380, “Motor Vehicle Emissions Inspections”, published in the Missouri Register January 3, 1982;

(B) Missouri Revised Statutes, Sections 307.350 through 307.395, “Motor Vehicle Safety Inspection”, as revised September 1983;

(C) Regulations 11 CSR 50-2.010 through 11 CSR 50-2.410, “Missouri Motor Vehicle Inspection Regulations”, as revised July 1, 1982.

(ii) Additional material.

(A) I/M Implementation Schedule.

(B) Highway Patrol Forms.

(C) Missouri Certified Emission Analyzers.

(D) Missouri Department of Revenue Policy.

(E) Highway Patrol QC Manual.

(F) EPA Approval of RACT Compliance.

(G) Public Awareness Materials.

(52) [Reserved]

(53) A rule requiring sources to keep records and report data and requiring emission data to be made public was submitted January 22, 1985, by the Department of Natural Resources. This rule replaces previous rules 10 CSR 10-2.130, 3.130, 4.120, and 5.210, all entitled “Submission of Emission Information” which were approved as parts of the State Implementation Plan; and previous rules 10 CSR 10-2.180, 3.120, 4.170, and 5.270, all entitled “Public Availability of Emission Data” which were not approved prior to the submission of this replacement rule.

(i) Incorporation by reference. A new regulation 10 CSR 10-6.110 published in the Missouri Register November 1, 1984.

(54) A new rule, Controlling Emissions During Episodes of High Air Pollution Potential, was submitted by the Department of Natural Resources on January 22, 1985.

(i) Incorporation by reference. 10 CSR 10-6.130, Controlling Emissions During Episodes of High Air Pollution Potential, adopted by the Missouri Air Conservation Commission and effective on October 11, 1984.

(ii) Additional material. The State has rescinded rules 10 CSR 10-2.170, 3.110, 4.160, and 5.260, all entitled “Rules for Controlling Emission During Periods of High Air Pollution Potential.”

(55) [Reserved]

(56) The Missouri Department of Natural Resources submitted the Protection of Visibility Plan, 1985, on May 3, 1985.

(i) Incorporation by reference.

(A) Amendments to Missouri Rule 10 CSR 10-6.020, Definitions, and Rule 10 CSR 10-6.060, Permits Required. These Amendments were adopted by the Missouri Air Conservation Commission and became effective on May 11, 1985.

(ii) Additional material.

(A) Narrative description of visibility new source review program for Class I areas in Missouri.

(B) Visibility monitoring plan for Class I areas in Missouri.

(57) On July 1, 1985, the Missouri Department of Natural Resources submitted amendments to Rules 10 CSR 10-5.220 for the St. Louis Metropolitan Area, and 10 CSR 10-2.260 for the Kansas City Metropolitan Area. The amendments require bulk gasoline plants to be equipped with a vapor recovery system if their monthly throughput is greater than the exemption level.

(i) Incorporation by reference.

(A) 10 CSR 10-5.220, and 10 CSR 10-2.260, Control of Emissions from Petroleum Liquid Storage, Loading, and Transfer, as published in the Missouri Register on May 1, 1985.

(58) A plan revision demonstrating that the ozone standard will be attained in the St. Louis ozone nonattainment area by December 31, 1987, was submitted by the Department of Natural Resources on August 1, 1985.

(i) Incorporation by reference.

(A) An agreement and variance modification order dated July 18, 1985, signed by the Missouri Air Conservation Commission and the General Motors (GM) Corporation requiring that the GM St. Louis assembly plant meet interim emission limitations and comply with the SIP by shutdown by December 31, 1987.

(ii) Additional material.

(A) A revised and corrected emission inventory for base year 1980.

(B) A revised projected year 1987 inventory demonstrating that the additional emission reductions from two new regulations and one plant shutdown, in addition to reductions already required, will be adequate to reduce ambient ozone concentrations to the National Ambient Air Quality Standard for ozone.

(59) A new rule, Control of Emissions from the Production of Maleic Anhydride, was submitted by the Department of Natural Resources on January 21, 1986.

(i) Incorporation by reference.

(A) 10 CSR 10-5.400, Control of Emissions from the Production of Maleic Anhydride, adopted by the Missouri Air Conservation Commission and effective on October 26, 1985.

(60) A plan revision to correct motor vehicle inspection and maintenance testing deficiencies was submitted by the Department of Natural Resources on December 29, 1987.

(i) Incorporation by reference.

(A) Regulations 11 CSR 50-2.370 and 11 CSR 50-2.400, effective June 25, 1987.

(61) On June 9, 1986, the state of Missouri submitted an amendment to Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, and Transfer. This amendment requires the control of volatile organic compound emissions from the refueling of motor vehicles in the St. Louis Metropolitan Area.

(i) Incorporation by reference.

(A) 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, and Transfer, revised paragraphs 4, 5, 6, 7, 8, and 9, published in the Missouri Register on May 1, 1985.

(62) A new rule, Control of Equipment Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants, was submitted by the Department of Natural Resources on November 19, 1986.

(i) Incorporation by reference, 10 CSR 10-5.420, Control of Equipment Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants, effective on September 26, 1986.

(63) An amendment to the rule, Restriction of Emissions of Sulfur Compounds, was submitted by the Department of Natural Resources on November 19, 1986.

(i) Incorporation by reference.

(A) Amended Regulation 10 CSR 10-3.100, Restriction of Emission of Sulfur Compounds adopted October 16, 1986, and effective on November 28, 1986.

(64) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of Emission of Particulate Matter from Industrial Processes, for the St. Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the Missouri Department of Natural Resources on October 22, 1987.

(i) Incorporation by reference.

(A) Variance order modification dated May 21, 1987, issued to St. Joe Minerals Corporation allowing certain equipment at its Pea Ridge Iron Ore facility to operate beyond the limitations specified in Rule 10 CSR 10-3.050, Restriction of emissions of Particulate Matter from Industrial Processes, for outstate Missouri area, effective May 21, 1987.

(65) Revised regulations for the control of volatile organic compound emissions in the Kansas City area were submitted by the Missouri Department of Natural Resources on May 21, 1986, and December 18, 1987. The May 21, 1986, submittal also included anozone attainment demonstration for Kansas City, which will be addressed in a future action.

(i) Incorporation by reference.

(A) Revision to Rule 10 CSR 10-2.260, Control of Emissions from Petroleum Liquid Storage, Loading, and Transfer, effective May 29, 1986, with amendments effective December 24, 1987.

(B) New Rule 10 CSR 10-2.300, Control of Emissions from the Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied Surface Coating Products, effective December 12, 1987.

(C) New Rules 10 CSR 10-2.310, Control of Emissions from the Application of Automotive Underbody Deadeners, and 10 CSR 10-2.320, Control of Emissions from Production of Pesticides and Herbicides, effective November 23, 1987.

(D) Rescinded Rules 10 CSR 10-2.240, Control of Emissions of Volatile Organic Compounds from Petroleum Refinery Equipment, and 10 CSR 10-2.250, Control of Volatile Leaks from Petroleum Refinery Equipment, effective November 23, 1987.

(E) Revision to Rule 10 CSR 10-6.030, Sampling Methods for Air Pollution Sources, effective November 23, 1987, with amendments effective December 24, 1987.

(F) Revision to Rule 10 CSR 10-2.210, Control of Emissions from Solvent Metal Cleaning, effective December 12, 1987.

(G) Revisions to Rules 10 CSR 10-2.290, Control of Emissions from Rotogravure and Flexographic Printing Facilities, and 10 CSR 10-6.020, Definitions, effective December 24, 1987.

(66) The Missouri Department of Natural Resources submitted revisions to its state implementation plan to incorporate PM10 on March 29, 1988, May 12, 1988, and June 15, 1988.

(i) Incorporation by reference.

(A) Revisions to the following Missouri air pollution rules:

10 CSR 10-6.010   Ambient Air Quality Standards

10 CSR 10-6.020   Definitions

10 CSR 10-6.040   Reference Methods

10 CSR 10-6.060   Permits Required

10 CSR 10-6.130   Controlling Emissions During Episodes of High Air Pollution Potential

These rules were published in the Missouri Register on April 18, 1988, and became effective April 28, 1988.

(ii) Additional material.

(A) A revision to the Missouri Monitoring Plan was submitted March 29, 1988.

(B) A narrative description of the PM10 SIP for the state of Missouri was submitted June 15, 1988.

(67) Plan revisions were submitted by the Missouri Department of Natural Resources on August 18, 1986, and October 18, 1988, which implement EPA's July 8, 1985, revised stack height requirements.

(i) Incorporation by reference.

(A) Revisions to rules 10 C.S.R. 10-6.020, Definitions, and 10 CSR 10-6.060, Permits Required, effective May 11, 1986.

(B) New rule 10 C.S.R. 10-6.140, Restriction of Emissions Credit for Reduced Pollutant Concentrations from the Use of Dispersion Techniques, effective May 11, 1986.

(C) Revisions to rule 10 CSR 10-6.020, Definitions, effective August 25, 1988.

(68) Revised regulations applicable to air quality models were submitted by the Missouri Department of Natural Resources on October 18, 1988.

(i) Incorporation by reference.

(A) Revision of rule 10 CSR 10-6.060 “Permits Required,” effective on September 29, 1988.

(69) A plan revision to change the construction permit fees was submitted by the Department of Natural Resources on January 24, 1989, and September 27, 1989.

(i) Incorporation by reference.

(A) Revision to 10 CSR 10-6.060, Permits Required, amended December 19, 1988, effective January 1, 1989.

(ii) Additional material.

(A) Chapter 643 RSMo (House Bill Number 1187) passed by the General Assembly of the state of Missouri in 1988.

(70) The Missouri Department of Natural Resources submitted amendments to Rule 10 CSR 10-2.230 on December 18, 1987, and December 19, 1988. The rule controls volatile organic compound emissions from industrial surface coating facilities in the Kansas City area.

(i) Incorporation by reference.

(A) Revision to Rule 10 CSR 10-2.230, Control of Emissions from Industrial Surface Coating Operations, effective December 24, 1987, with amendments effective November 24, 1988.

(71) Revisions to regulations for controlling volatile organic compound emissions in the St. Louis area were submitted by the Missouri Department of Natural Resources on June 14, 1985; November 19, 1986; and March 30, 1989.

(i) Incorporation by reference.

(A) New Rule 10 CSR 10-5.410, Control of Emissions from the Manufacture of Polystyrene Resin, effective May 11, 1985, with amendments effective September 26, 1986, and March 11, 1989.

(B) Revisions to Rules 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading and Transfer; 10 CSR 10-5.300, Control of Emissions from Solvent Metal Cleaning; 10 CSR 10-5.310, Liquefied Cutback Asphalt Paving Restricted; 10 CSR 10-5.320, Control of Emissions from Perchloroethylene Dry Cleaning Installations; 10 CSR 10-5.340, Control of Emissions from Rotogravure and Flexographic Printing Facilities; 10 CSR 10-5.350, Control of Emissions of Synthesized Pharmaceutical Products; 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag Sealing Operations; 10 CSR 10-5.370, Control of Emissions from the Application of Deadeners and Adhesives; 10 CSR 10-5.390, Control of Emissions from the Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied Surface Coating Products; 10 CSR 10-5.420, Control of Equipment Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants; and 10 CSR 6.020, Definitions; effective March 11, 1989.

(C) Rescinded Rule 10 CSR 10-5.400, Control of Emissions from Production of Maleic Anhydride, effective March 11, 1989.

(72) The Missouri Department of Natural Resources submitted new rule 10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating Operations, and amendments to rule 10 CSR 10-6.020, Definitions, on January 11, 1990.

(i) Incorporation by reference.

(A) New rule 10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating Operations, effective November 26, 1989.

(B) Rescinded rule 10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating Operations, effective November 26, 1989.

(C) Revisions to rule 10 CSR 10-6.020, Definitions, effective November 26, 1989.

(73) A rule revision to establish gasoline tank truck certification requirements in ozone nonattainment areas was submitted by the Department of Natural Resources on July 17, 1990.

(i) Incorporation by reference.

(A) Revision to rule 10 CSR 10-2.260 and 10 CSR 10-5.220 both titled “Control of Petroleum Liquid Storage, Loading, and Transfer” effective May 24, 1990.

(74) Revisions to the circumvention plan submitted by the Missouri Department of Natural Resources on September 6, 1990.

(i) Incorporation by reference.

(A) Rule at 10 CSR 10-6.150, Circumvention, effective November 30, 1990.

(B) Rescission of rules 10 CSR 10-2.140, Circumvention; CSR 10-4.130, Circumvention; and 10 CSR 10-5.230, Circumvention, effective September 28, 1990.

(75) Plan revisions were submitted by the Missouri Department of Natural Resources on September 25, 1990, which implement EPA's October 17, 1988, PSD NOX requirements.

(i) Incorporation by reference

(A) Revisions to rules 10 CSR 10-6.020 “Definitions” and 10 CSR 10-6.060 “Permits Required” were adopted by the Missouri Air Conservation Commission on May 14, 1990, and became effective May 24, 1990.

(ii) Additional Information

(A) Letter from the state dated November 30, 1990, pertaining to NOX rules and analysis which certifies that the material was adopted by the state on May 24, 1990.

(76) In submittals dated September 6, 1990, and May 8, 1991, the Missouri Department of Natural Resources submitted a lead NAAQS attainment plan for the Doe Run Herculaneum primary lead smelter. Although Missouri rule 10 CSR 10-6.120 contains requirments which apply statewide to primary lead smelting operations, EPA takes action on this rule only insofar as it pertains to the Doe Run Herculaneum facility. Plan revisions to address the other lead smelters in the state are under development.

(i) Incorporation by reference.

(A) New rule 10 CSR 10-6.120, Restriction of Emissions of Lead from Primary Lead Smelter-Refinery Installations, effective December 29, 1988, with amendments effective March 14, 1991.

(B) Consent order, entered into between the Doe Run Company and the Missouri Department of Natural Resources, dated March 9, 1990.

(C) Supplemental consent order, signed by the Doe Run Company on July 26, 1990, and by the Missouri Department of Natural Resources on August 17, 1990.

(ii) Additional material.

(A) Narrative SIP material, submitted on September 9, 1990. This submittal includes the emissions inventory and attainment demonstration.

(B) The Doe Run Herculaneum Work Practice Manual was submitted on May 8, 1991. In the May 8, 1991, submittal letter, the state agreed that any subsequent changes to the work practice manual would be submitted to EPA as SIP revisions.

(77) Revisions to the state implementation plan for the Kansas City metropolitan area were submitted by the Director of the Missouri Department of Natural Resources on October 9, 1991. Revisions include a maintenance plan which demonstrates continued attainment of the NAAQS for ozone through the year 2002. Rule revisions were also submitted on October 9, 1991.

(i) Incorporation by reference.

(A) Revised regulations 10 CSR 10-6.020, Definitions, and 10 CSR 10-2.220, Liquefied Cutback Asphalt Paving Restricted, effective August 30, 1991; and new regulation 10 CSR 10-2.340, Control of Emissions from Lithographic Printing Facilities, effective December 9, 1991.

(ii) Additional material.

(A) State of Missouri Implementation Plan, Kansas City Metropolitan Area Maintenance Provisions, October 1991.

(78) The Missouri Department of Natural Resources submitted new rule 10 CSR 10-6.180, Measurement of Emissions of Air Contaminants, on March 4, 1991.

(i) Incorporation by reference.

(A) New rule 10 CSR 10-6.180 entitled “Measurement of Emissions of Air Contaminants” published November 19, 1990, effective December 31, 1990.

(79) The Missouri Department of Natural Resources submitted an amendment on March 19, 1992, to add sampling methods to rule 10 CSR 10-6.030 “Sampling Methods for Air Pollution Sources.” On November 20, 1991, Missouri submitted administrative amendments to rule 10 CSR 10-6.030 which renumber and reorganize sections within that rule. Rules which reference the renumbered sections of 10 CSR 10-6.030 were also administratively amended and submitted.

(i) Incorporation by reference.

(A) Revised regulation 10 CSR 10-6.030 “Sampling Methods for Air Pollution Sources” effective September 30, 1991.

(B) Administrative amendments to the sampling citations in the following rules which are affected by the administrative amendments to 10 CSR 10-6.030: 10 CSR 10-2.210, effective December 12, 1987; 10 CSR 10-2.230, effective November 24, 1988; 10 CSR 10-2.260, effective May 24, 1990; 10 CSR 10-2.280, effective May 13, 1982; 10 CSR 10-2.290, effective December 24, 1987; 10 CSR 10-2.300, effective December 12, 1987; 10 CSR 10-2.310, effective November 23, 1987; 10 CSR 10-2.320, effective November 23, 1987; 10 CSR 10-3.160, effective December 11, 1987; 10 CSR 10-5.220, effective May 24, 1990; 10 CSR 10-5.300, effective March 11, 1989; 10 CSR 10-5.320, effective March 11, 1989; 10 CSR 10-5.330, effective November 26, 1989; 10 CSR 10-5.350, effective March 11, 1989; 10 CSR 10-5.360, effective March 11, 1989; 10 CSR 10-5.370, effective March 11, 1989; 10 CSR 10-5.390, effective March 11, 1989; 10 CSR 10-5.410, effective March 11, 1989; 10 CSR 10-6.090, effective August 13, 1981; and 10 CSR 10-6.120, effective March 14, 1991.

(80) On June 28, 1991, the Missouri Department of Natural Resources (MDNR) submitted revisions to the Missouri State Implementation Plan which pertain to the St. Louis vehicle inspection and maintenance program. The Missouri rules contain requirements which apply to both safety and emission testing; EPA takes action on these rules only insofar as they pertain to emissions testing.

(i) Incorporation by reference.

(A) New rules 11 CSR 50-2.401, General Specifications; 11 CSR 50-2.402, Missouri Analyzer System (MAS) Software Functions; 11 CSR 50-2.403, MAS Display and Program Requirements; 11 CSR 50-2.405, Vehicle Inspection Certificate, Vehicle Inspection Report and Printer Function Specifications; 11 CSR 50-2.406, Technical Specifications for the MAS; and 11 CSR 50-2.407 Documentation, Logistics and Warranty Requirements; (appendix A, B, C), effective June 28, 1990.

(B) New rule 11 CSR 50-2.404, Test Record Specifications, effective September 28, 1990.

(C) Amended rules 11 CSR 50-2.370 Inspection Station Licensing; 11 CSR 50-2.410, Vehicles Failing Reinspection; and 11 CSR 50-2.420 Procedures for Conducting Only Emission Tests; effective December 31, 1990.

(D) Rescinded rule 11 CSR 50-2,400, Emission Test Procedures; effective December 31, 1990.

(81) The Missouri Department of Natural Resources submitted a rule action rescinding rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10-5.200, Measurement of Emissions of Air Contaminants for the Kansas City Metropolitan Area, Springfield-Greene County Area, and the St. Louis Metropolitan Area, respectively, on July 9, 1992.

(i) Incorporation by reference.

(A) Rescission of rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10 CSR 10-5.200 entitled “Measurement of Emissions of Air Contaminants” rescinded April 9, 1992.

(82) Revisions to the Missouri State Implementation Plan establishing a Small Business Stationary Source Technical and Environmental Compliance Assistance Program were submitted by the Director of the Missouri Department of Natural Resources on March 10, 1993.

(i) Incorporation by reference.

(A) Small Business Stationary Source Technical and Environmental Compliance Program dated November 1992 and adopted February 18, 1993.

(83) A revision to the Missouri State Implementation Plan (SIP) to incorporate the lead nonattainment areas into the existing new source review (NSR) program was submitted by the state on March 15, 1993. This revision changes the applicability requirements by changing the definition of nonattainment area in the state regulations to include lead nonattainment areas, and to delete the Kansas City area as a nonattainment area in light of its attainment of the ozone standard.

(i) Incorporation by reference.

(A) Revision to rule 10 C.S.R. 10-6.020, definitions, effective February 26, 1993.

(84) The Missouri Department of Natural Resources submitted rule revisions pertaining to rotogravure and flexographic printing facilities in Kansas City, Missouri, and St. Louis, Missouri; and an amendment to the sampling methods rule which adds a compliance test method for the capture efficiency of air pollution control devices. These amendments were submitted September 16 and September 23, 1992.

(i) Incorporation by reference.

(A) Revised regulations 10 CSR 10-2.290 (except section (6), Compliance Dates) and 10 CSR 10-5.340 (except section (6), Compliance Dates), both entitled Control of Emissions from Rotogravure and Flexographic Printing Facilities, effective February 6, 1992.

(B) Revised regulation 10 CSR 10-6.030 (section (20)), effective April 9, 1992.

(85) [Reserved]

(86) A revision to the Missouri SIP to revise the Missouri Part D new source review rules, update and add numerous definitions, revise the maximum allowable increase for particulate matter under the requirements for prevention of significant deterioration, address emission statements under Title I of the CAA, and generally enhance the SIP.

(i) Incorporation by reference.

(A) Revision to rules 10 CSR 10-6.020, Definitions and Common Reference Tables, effective August 30, 1995; 10 CSR 10-6.060, Construction Permits Required, effective August 30, 1995; 10 CSR 10-6.110, Submission of Emission Data, Emission Fees, and Process Information, except section 5, effective May 9, 1994; and 10 CSR 10-6.210, Confidential Information, effective May 9, 1994.

(87) In submittals dated July 2, 1993; June 30, 1994; and November 23, 1994, MDNR submitted an SIP to satisfy Federal requirements for an approvable nonattainment area lead SIP for the Doe Run primary smelter in Herculaneum, Missouri. Although Missouri rule 10 CSR 10-6.120 contains requirements which apply statewide to primary lead smelting operations, EPA takes action on this rule only insofar as it pertains to the Doe Run Herculaneum facility. Plan revisions to address the other lead smelters in the state are under development.

(i) Incorporation by reference.

(A) Revised regulation 10 CSR 10-6.120 (section (1), section (2)(B), section (3)) entitled Restriction of Emissions of Lead From Primary Lead Smelter-Refinery Installations, effective August 28, 1994.

(B) Consent Order, entered into between the Doe Run Company and MDNR, dated July 2, 1993.

(C) Consent Order amendment, signed by the Doe Run Company on March 31, 1994, and by MDNR on April 28, 1994.

(D) Consent Order amendment, signed by the Doe Run Company on September 6, 1994, and by MDNR on November 23, 1994.

(ii) Additional material.

(A) Revisions to the Doe Run Herculaneum Work Practice Manual submitted on July 2, 1993.

(B) Revisions to the Doe Run Herculaneum Work Practice Manual submitted on June 30, 1994.

(88) This revision submitted by the Missouri Department of Natural Resources on March 31, 1994, relates to intermediate sources, and the EPA is not approving the basic operating permit program. This revision establishes a mechanism for creating federally enforceable limitations. Emission limitations and related provisions which are established in Missouri operating permits as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures and be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements or the requirements of EPA's underlying regulations.

(i) Incorporation by reference.

(A) 10 C.S.R. 10-6.065 (sections 1, 2, 3, 4(C)-(P), 5, and 7) Operating Permits, effective May 9, 1994.

(ii) Additional material.

(A) Letter from Missouri to EPA Region VII dated November 7, 1994, regarding how Missouri intends to satisfy the requirements set forth in the Clean Air Act Amendments at sections 112(l)(5)(A), (B), and (C).

(B) Two letters from Missouri to EPA Region VII dated October 3, 1994, and February 10, 1995, supplementing the November 7, 1994, letter and clarifying that Missouri does have adequate authority to limit potential-to-emit of hazardous air pollutants through the state operating permit program.

(89) In submittals dated July 2, 1993; June 30, 1994; and November 23, 1994, the Missouri Department of Natural Resources (MDNR) submitted a State Implementation Plan (SIP) to satisfy Federal requirements for an approvable nonattainment area lead SIP for the Doe Run primary and secondary smelter near Bixby, Missouri (Doe Run-Buick). Although Missouri rule 10 CSR 10-6.120 contains requirements which apply statewide to primary lead smelting operations, EPA takes action on this rule insofar as it pertains to the Doe Run-Buick facility. Plan revisions to address the other lead smelters in the state are under development.

(i) Incorporation by reference.

(A) Revised regulation 10 CSR 10-6.120 (section (2)(C), section (4)) entitled Restriction of Emissions of Lead from Primary Smelter-Refinery Installations, effective August 28, 1994.

(B) Consent Order, entered into between the Doe Run Company and MDNR, dated July 2, 1993.

(C) Consent Order amendment, signed by the Doe Run Company on August 30, 1994, and by MDNR on November 23, 1994.

(ii) Additional material.

(A) The Doe Run-Buick Work Practice Manual submitted on July 2, 1993. EPA approves the Work Practice manual with the understanding that any subsequent changes to the Work Practice Manual will be submitted as SIP revisions.

(B) Revisions to the Doe Run-Buick Work Practice Manual submitted on June 30, 1994.

(90)-(91) [Reserved]

(92) On February 14, 1995, the Missouri Department of Natural Resources submitted two new rules which pertain to transportation conformity in Kansas City and St. Louis.

(i) Incorporation by reference.

(A) New rule 10 CSR 10-2.390 (except section (20) Criteria and Procedures: Interim Period Reductions in Ozone Areas (TIP)) and 10 CSR 10-5.480 (except section (22) Criteria and Procedures: Interim Period Reductions in Ozone Areas (TIP)), both entitled Conformity to State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Act, effective May 28, 1995.

(ii) Additional material.

(A) Missouri's Air Pollution Control Plan, St. Louis Metropolitan Area Ozone and Carbon Monoxide Transportation Conformity, January 12, 1995.

(B) Missouri's Air Pollution Control Plan, Kansas City Metropolitan Area Ozone Transportation Conformity, January 12, 1995.

(C) Policy agreement, entered into between the Missouri Department of Natural Resources, the Mid-America Regional Council, and the Highway and Transportation Commission of the state of Missouri, dated August 31, 1993.

(D) Letter from the state of Missouri to EPA, dated December 7, 1995, in which the state commits to implementing its state rule consistent with the Federal Transportation Conformity rule, as amended on August 29, 1995, with regards to the granting of an NOX waiver and the NOX conformity requirements.

(93) On February 14, 1995, the Missouri Department of Natural Resources (MDNR) submitted a new rule which pertains to general conformity.

(i) Incorporation by reference.

(A) New rule 10 CSR 10-6.300, entitled Conformity of General Federal Actions to State Implementation Plans, effective May 28, 1995.

(94) On April 12, 1995, the Missouri Department of Natural Resources submitted an emissions inventory update to the Kansas City maintenance plan approved by EPA on June 23, 1992. The submittal also establishes a motor vehicle emissions budget for the purpose of fulfilling the requirements of the Federal Transportation Conformity rule.

(i) Incorporation by reference.

(A) Kansas City Ozone Maintenance SIP Revisions: Emission Inventories and Motor Vehicle Emissions Budgets, adopted by the Missouri Air Conservation Commission on March 30, 1995.

(95) Plan revisions were submitted by the Missouri Department of Natural Resources on August 14, 1996, which reduce lead emissions from the Asarco primary lead smelter located within the lead nonattainment area defined by the boundaries of the Liberty and Arcadia Townships located in Iron County, Missouri.

(i) Incorporation by reference.

(A) Rule 10 CSR 10-6.120, Restriction of Emissions of Lead From Primary Lead Smelter—Refinery Installations, except subsection 2(B) and 2(C), and section 4, effective June 30, 1996.

(B) Consent Decree Case Number CV596-98CC, STATE OF MISSOURI ex. rel. Jeremiah W. (Jay) Nixon and the Missouri Department of Natural Resources v. ASARCO, INC., Missouri Lead Division, effective July 30, 1996, with Exhibits A, C, D, E, F, and G.

(ii) Additional material.

(A) Narrative SIP material submitted on August 14, 1996. This submittal includes the emissions inventory and the attainment demonstration.

(96) Revisions to the Missouri SIP submitted by the Missouri Department of Natural Resources on March 13, 1996, and August 6, 1996, pertaining to its intermediate operating permit program. The EPA is not approving provisions of the rules which pertain to the basic operating permit program.

(i) Incorporation by reference.

(A) Regulations 10 C.S.R. 10-6.020, Definitions and Common Reference Tables, effective June 30, 1996; and 10 C.S.R. 10-6.065, Operating Permits, effective June 30, 1996, except sections (4)(A), (4)(B), and (4)(H).

(97) On November 20, 1996, the Missouri Department of Natural Resources (MDNR) submitted a revised rule which pertains to general conformity.

(i) Incorporation by reference.

(A) Rule 10 CSR 10-6.300, entitled Conformity of General Federal Actions to State Implementation Plans, effective September 30, 1996.

(98) Revision to the Missouri SIP submitted by the Missouri Department of Natural Resources on July 14, 1997.

(i) Incorporation by reference.

(A) Missouri Emergency Rule, 10 CSR 10-2.330, Control of Gasoline Reid Vapor Pressure, effective May 1, 1997, and expires October 27, 1997.

(99) Revisions to the ozone attainment plan were submitted by the Governor on February 1, 1996.

(i) Incorporation by reference.

(A) Missouri Rule 10 CSR 10-2.260, “Control of Petroleum Liquid Storage, Loading, and Transfer,” effective December 30, 1995.

(B) Missouri Rule 10 CSR 10-5.220, “Control of Petroleum Liquid Storage, Loading, and Transfer,” effective December 30, 1995.

(100) A revision to the Missouri SIP was submitted by the Missouri Department of Natural Resources on February 1, 1996, pertaining to Emission Data, Emission Fees, and Process Information.

(i) Incorporation by reference.

(A) Missouri Rule 10 CSR 10-6.110, “Emission Data, Emission Fees, and Process Information,” effective December 30, 1995.

(101) On January 10, 1997, and February 2, 1997, the Missouri Department of Natural Resources submitted revised rules pertaining to transportation conformity.

(i) Incorporation by reference.

(A) Regulation 10 CSR 10-2.390, entitled Conformity to State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act, effective December 30, 1996.

(B) Regulation 10 CSR 10-5.480, entitled Conformity to State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act, effective December 30, 1996.

(102) Revised regulations for the control of fugitive particulate matter emissions were submitted by the Missouri Department of Natural Resources (MDNR) on September 25, 1990, and on November 20, 1996.

(i) Incorporation by reference.

(A) Regulation 10 CSR 10-6.170, entitled Restriction of Particulate Matter Beyond the Premises of Origin, effective November 30, 1990, as amended October 30, 1996.

(B) Rescission of regulation 10 CSR 10-2.050, entitled Preventing Particulate Matter From Becoming Airborne, effective September 28, 1990.

(C) Rescission of regulation 10 CSR 10-3.070, entitled Restriction of Particulate Matter From Becoming Airborne, effective September 28, 1990.

(D) Rescission of regulation 10 CSR 10-4.050, entitled Preventing Particulate Matter From Becoming Airborne, effective September 28, 1990.

(E) Rescission of regulation 10 CSR 10-5.100, entitled Preventing Particulate Matter From Becoming Airborne, effective on September 28, 1990.

(ii) Additional material.

(A) Letter from Missouri submitted on February 24, 1997, pertaining to the submission of supplemental documentation.

(103) Revisions to the Missouri plan were submitted by the Governor on March 20, 1997.

(i) Incorporation by reference.

(A) St. Louis City Ordinance 59270, Section 4—Definitions, numbers 80. “Open Burning,” 100. “Refuse,” 108. “Salvage Operation,” and 126. “Trade Waste” only; and Section 12, effective October 23, 1984.

(B) St. Louis City Permit No. 96-10-084, issued to Washington University School of Medicine Medical Waste Incinerator, 500 S. Euclid Avenue, effective February 20, 1997.

(C) St. Louis City Permit No. 96-10-083, issued to Washington University School of Medicine Pathological Incinerator, 4566 Scott Avenue, effective February 20, 1997.

(D) St. Louis City Operating Permit, issued to St. Louis University Medical Center Medical Waste Incinerator, 3628 Rutger Avenue, effective August 3, 1992.

(E) Kansas City Air Quality Control Code C.S. No. 56726, Chapter 8, Sections: 8-2, definitions for “Open burning,” “Refuse,” “Salvage operation,” and “Trade waste”; and 8-4, only, effective August 2, 1984.

(F) Remove St. Louis City Ordinance 50163, effective June 11, 1968.

(G) Remove St. Louis City Ordinance 54699, effective March 27, 1967.

(H) Remove St. Louis County Air Pollution Control Code SLCRO, Title VI, Chapter 612, effective February 22, 1967.

(I) Remove Kansas City Air Pollution Control Code C.S. No. 36539, Chapter 18, except sections: 18.83—Definitions, subsections (13) “Incinerators” and (15) “Multiple Chamber Incinerators”; and 18.91—Incinerators, effective August 31, 1972.

(J) Remove City of Springfield Air Pollution Control Standard G.O. No. 1890, Chapter 2A, except sections: 2A-2—Definitions, the definitions for “Director of Health,” “Existing Equipment,” “Incinerator,” “Multiple-chamber incinerator,” “New equipment,” “Open burning,” “Particulate matter,” “Refuse,” and “Trade waste”; 2A-25; 2A-34; 2A-35; 2A-36; 2A-37; 2A-38; 2A-51; 2A-55; and 2A-56, effective October 12, 1969.

(104) [Reserved]

(105) Revision to the Missouri SIP submitted by the Missouri Department of Natural Resources on November 13, 1997.

(i) Incorporation by reference.

(A) Missouri Rule, 10 CSR 10-2.330, Control of Gasoline Reid Vapor Pressure, effective October 30, 1997.

(106) On December 17, 1996, the Missouri Department of Natural Resources submitted a revised rule pertaining to capture efficiency.

(i) Incorporation by reference.

(A) Revised regulation 10 CSR 10-6.030 entitled, “Sampling Methods for Air Pollution Sources,” effective November 30, 1996.

(107) New regulation for control of volatile organic emissions from Kansas City commercial bakeries submitted by the Missouri Department of Natural Resources March 13, 1996.

(i) Incorporation by reference.

(A) Rule 10 CSR 10-2.360 entitled “Control of Emissions from Bakery Ovens,” effective December 30, 1995.

(108) On August 12, 1997, the Missouri Department of Natural Resources (MDNR) submitted a new rule which consolidated the SO2 rules into one and rescinded eight existing rules dealing with sulfur compounds.

(i) Incorporation by reference.

(A) Regulation 10 CSR 10-6.260, Restriction of Emission of Sulfur Compounds, except Section (4), Restriction of Concentration of Sulfur Compounds in the Ambient Air, and Section (3), Restriction of Concentration of Sulfur Compounds in Emissions, effective on August 30, 1996.

(B) Rescission of rules 10 CSR 10-2.160, Restriction of Emission of Sulfur Compounds; 10 CSR 10-2.200, Restriction of Emission of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10-3.100, Restriction of Emission of Sulfur Compounds; 10 CSR 10-3.150, Restriction of Emission of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10-4.150, Restriction of Emissions of Sulfur Compounds; 10 CSR 10-4.190, Restriction of Emission of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10-5.110, Restrictions of Emission of Sulfur Dioxide for Use of Fuel; and 10 CSR 10-5.150, Emission of Certain Sulfur Compounds Restricted; effective July 30, 1997.

(109) This State Implementation Plan (SIP) revision submitted by the state of Missouri on July 10, 1996, broadens the current rule exceptions to include smoke-generating devices. This revision would allow smoke generators to be used for military and other types of training when operated under applicable requirements.

(i) Incorporation by reference.

(A) Regulation 10 CSR 10-3.080, “Restriction of Emission of Visible Air Contaminants,” effective on May 30, 1996.

(110) On May 28, 1998, the Missouri Department of Natural Resources submitted revisions to the construction permits rule.

(i) Incorporation by reference.

(A) Missouri Rule 10 CSR 10-6.060, “Construction Permits Required,” except Section (9), effective April 30, 1998.

(111) A revision submitted by the Governor's designee on July 30, 1998, that reduces air emissions from batch-type charcoal kilns throughout the state of Missouri.

(i) Incorporation by reference:

(A) New Missouri rule 10 CSR 10-6.330, Restriction of Emissions from Batch-Type Charcoal Kilns, effective July 30, 1998.

(112) Revisions submitted on November 13, 1998, and December 7, 1998, by the MDNR that modify Missouri's Out-state Open Burning Rule and add sampling methods to Missouri's Sampling Method Rule, respectively.

(i) Incorporation by reference:

(A) Revisions to Missouri rule 10 CSR 10-3.030 entitled “Open Burning Restrictions,” effective August 30, 1998.

(B) Revisions to Missouri rule 10 CSR 10-6.030 entitled “Sampling Methods for Air Pollution Sources,” effective November 30, 1998.

[37 FR 10875, May 31, 1972. Redesignated and amended at 64 FR 34719, June 29, 1999]

Editorial Note: For Federal Register citations affecting §52.1322, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§52.1323   Approval status.

(a) With the exceptions set forth in this subpart, the Administrator approves Missouri's plans for the attainment and maintenance of the national standards. Continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980, for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each successive January of Additional RACT requirements for sources covered by CTGs issued the previous January. New source review permits issued pursuant to section 173 of the Clean Air Act will not be deemed valid by EPA unless the provisions of Section V of the emission offset interpretive rule published on January 16, 1979 (44 FR 3274) are met.

(b) The Administrator approves Rule 10 CSR 10-2.290 as identified under §52.1320, paragraph (c)(65), with the understanding that any alternative compliance plans issued under this rule must be approved by EPA as individual SIP revisions. In the absence of such approval, the enforceable requirements of the SIP would be the reduction requirements stated in the rule.

(c) The Administrator approves Rule 10 CSR 10-2.230 as identified under §52.1320, paragraph (c)(70), with the understanding that any alternative compliance plans issued under this rule must be approved by EPA as individual SIP revisions. In the absence of such approval, the enforceable requirements of the SIP would be the emission limits stated in the rule.

(d) The Administrator approves Rule 10 CSR 10-5.340 as identified under §52.1320, paragraph (c)(71), with the understanding that any alternative compliance plans issued under this rule must be approved as individual SIP revisions. In the absence of such approval, the enforceable requirements of the SIP would be the reduction requirements stated in the rule.

(e) The Administrator approves Rule 10 CSR 10-5.330 as identified under §52.1320, paragraph (c)(72), under the following terms, to which the state of Missouri has agreed: Subsections (5)(B)3 and (7)(B) of the rule contain provisions whereby the director of the Missouri Air Pollution Control Program has discretion to establish compliance determination procedures and equivalent alternative emission limits for individual sources. Any such director discretion determinations under this rule must be submitted to EPA for approval as individual SIP revisions. In the absence of EPA approval, the enforceable requirements of the SIP are the applicable emission limit(s) in subsection (4)(B) and the compliance determination provisions stated in subsection(5)(B)1 or (5)(B)2.

(f) The Administrator approves Rule 10 CSR 10-6.120 as identified under §52.1320(c)(76), under the following terms, to which the state of Missouri has agreed. Subparagraph (2)(B)2.B.(IV) contains a provision whereby the Director of the Missouri Department of Natural Resources has discretion to approve revisions to the Doe Run Herculaneum work practice manual. Any revisions to the work practice manual, pursuant to this rule, must be submitted to EPA for approval as an individual SIP revision. Thus, any existing federally approved work practices remain in effect, until such time that subsequent revisions are submitted to EPA and approved as SIP revisions.

(g) The Missouri portion of the Kansas City metropolitan area was designated as nonattainment for ozone in 40 CFR part 81. Therefore, the Administrator approves continuation of the 7.8 RVP limit as federally enforceable in the Kansas City metropolitan area, even after the area is redesignated to attainment, because of its nonattainment designation effective January 6, 1992. Also, the requirement for 7.8 psi RVP volatility is deemed necessary to ensure attainment and maintenance of the ozone standard as demonstrated by the emissions inventory projections (based on use of 7.8 psi RVP) in Missouri's ozone maintenance plan for the Kansas City metropolitan area.

(h) The state of Missouri commits to revise 10 CSR 6.300 to remove language in paragraphs (3)(C)4. and (9)(B) which is more stringent than the language in the Federal General Conformity rule. In a letter to Mr. Dennis Grams, Regional Administrator, EPA, dated December 7, 1995, Mr. David Shorr, Director, MDNR, stated:

We commit to initiating a change in the wording in the above paragraphs [paragraphs (3)(C)4. and (9)(B)] of Missouri rule 10 CSR 10-6.300, and to submit the change to EPA within one year from the date of this letter [December 7, 1995]. We intend that the change will give our rule the same stringency as the General Conformity Rule.

(i) Emission limitations and related provisions which are established in Missouri's operation permits as federally enforceable conditions shall be enforceable by EPA. EPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the permit, permit approval procedures, or permit requirements which do not conform with the operating permit program requirements or the requirements of EPA's underlying regulations.

(j) The state of Missouri revised 10 CSR 10-6.300 to remove language in paragraphs (3)(C)4 and (9)(B) which made the language more stringent than that contained in the Federal general conformity rule. This fulfills the requirements of the conditional approval granted effective May 10, 1996, as published on March 11, 1996.

(k) The state of Missouri revised 10 CSR 10-2.390 for Kansas City and 10 CSR 10-5.480 for St. Louis to update the transportation conformity requirements contained in 40 CFR Part 51, Subpart T, effective November 14, 1995.

(l) The Administrator conditionally approves Missouri emergency rule 10 CSR 10-2.330 under §52.1320(c)(98). Full approval is contingent on the state submitting the permanent rule, to the EPA, by November 30, 1997.

(m) The Administrator approves Missouri rule 10 CSR 10-2.330 under §52.1320(c)(105). This fulfills the requirements of the conditional approval granted effective November 10, 1997, as published on October 9, 1997.

(n) [Reserved]

(o) The Administrator conditionally approves the Missouri SIP revisions that address the requirements of RACT under the 8-hour ozone NAAQS under §52.1320(c). Full approval is contingent on Missouri submitting RACT rules for inclusion into the Missouri SIP to address the Solvent Cleanup Operations CTG, to the EPA, no later than December 31, 2012.

[37 FR 10876, May 31, 1972]

Editorial Note: For Federal Register citations affecting §52.1323, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§52.1324   [Reserved]

§52.1325   Legal authority.

(a) [Reserved]

(b) The requirements of §51.232(b) of this chapter are not met since the following deficiencies exist in local legal authority.

(1) St. Louis County Division of Air Pollution Control:

(i) Authority to require recordkeeping is lacking (§51.230(e) of this chapter).

(ii) Authority to make emission data available to the public is inadequate because section 612.350, St. Louis County Air Pollution Control Code, requires confidential treatment in certain circumstances if the data concern secret processes (§51.230(f) of this chapter).

(2) St. Louis City Division of Air Pollution Control:

(i) Authority to require recordkeeping is lacking (§51.230(e) of this chapter).

(ii) Authority to require reports on the nature and amounts of emissions from stationary sources is lacking (§51.230(e) of this chapter).

(iii) Authority to require installation, maintenance, and use of emission monitoring devices is lacking. Authority to make emission data available to the public is inadequate because Section 39 of Ordinance 54699 requires confidential treatment in certain circumstances if the data relate to production or sales figures or to processes or production unique to the owner or operator or would tend to affect adversely the competitive position of the owner or operator (§51.230(f) of this chapter).

(3) Kansas City Health Department:

(i) Authority to require recordkeeping is lacking (§51.230(e) of this chapter).

(4) Independence Health Department:

(i) Authority to require recordkeeping is lacking (§51.230(e) of this chapter).

(ii) Authority to make emission data available to the public is lacking since section 11.161 of the code of the city of Independence requires confidential treatment in certain circumstances if the data relate to secret processes or trade secrets affecting methods or results of manufacture (§51.230(f) of this chapter).

(5) Springfield Department of Health:

(i) Authority to abate emissions on an emergency basis is lacking (§51.230(c) of this chapter).

(ii) Authority to require recordkeeping is lacking (§51.230(e) of this chapter).

(iii) Authority to make emission data available to the public is inadequate because section 2A-42 of the Springfield City Code requires confidential treatment of such data in certain circumstances (§51.230(f) of this chapter).

(c) The provisions of §51.230(d) of this chapter are not met since statutory, authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate.

[37 FR 23090, Oct. 28, 1972, as amended at 39 FR 7282, Feb. 25, 1974; 51 FR 13001, Apr. 17, 1986; 51 FR 40676, Nov. 7, 1986; 52 FR 24367, June 30, 1987]

§52.1326   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?

(a)(1) The owner and operator of each source and each unit located in the State of Missouri and for which requirements are set forth under the TR NOX Annual Trading Program in subpart AAAAA of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Missouri's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the TR Federal Implementation Plan under §52.38(a), except to the extent the Administrator's approval is partial or conditional.

(2) Notwithstanding the provisions of paragraph (a)(1) of this section, if, at the time of the approval of Missouri's SIP revision described in paragraph (a)(1) of this section, the Administrator has already started recording any allocations of TR NOX Annual allowances under subpart AAAAA of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart AAAAA of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of TR NOX Annual allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

(b)(1) The owner and operator of each source and each unit located in the State of Missouri and for which requirements are set forth under the TR NOX Ozone Season Trading Program in subpart BBBBB of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Missouri's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the TR Federal Implementation Plan under §52.38(b), except to the extent the Administrator's approval is partial or conditional.

(2) Notwithstanding the provisions of paragraph (b)(1) of this section, if, at the time of the approval of Missouri's SIP revision described in paragraph (b)(1) of this section, the Administrator has already started recording any allocations of TR NOX Ozone Season allowances under subpart BBBBB of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart BBBBB of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of TR NOX Ozone Season allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

[76 FR 48369, Aug. 8, 2011, as amended at 76 FR 80775, Dec. 27, 2011]

§52.1327   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?

(a) The owner and operator of each source and each unit located in the State of Missouri and for which requirements are set forth under the TR SO2 Group 1 Trading Program in subpart CCCCC of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Missouri's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the TR Federal Implementation Plan under §52.39, except to the extent the Administrator's approval is partial or conditional.

(b) Notwithstanding the provisions of paragraph (a) of this section, if, at the time of the approval of Missouri's SIP revision described in paragraph (a) of this section, the Administrator has already started recording any allocations of TR SO2 Group 1 allowances under subpart CCCCC of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart CCCCC of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of TR SO2 Group 1 allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

[76 FR 48369, Aug. 8, 2011]

§§52.1326-52.1334   [Reserved]

§52.1335   Compliance schedules.

(a) The compliance schedule for the source identified below is approved as a revision to the plan pursuant to §51.104 and subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.

Missouri

SourceLocationRegulation involvedAdopted dateEffective dateFinal compliance date
Pilot Knob Pelleting CoPilot Knob, MOV(10 CSR 10-3.050)Oct. 19, 1977ImmediatelyDec. 31, 1982.
Union Electric Labadie power plantLabadie, MO10 CSR 10-5.090 and 10 CSR 10-5.030June 20, 1979July 20, 1979Mar. 1, 1984.
St. Joe Minerals Corp., Pea Ridge Iron Ore FacilityWashington County, MO10 CSR 10-3,050Mar. 23, 1983Mar. 23, 1983Dec. 31, 1988.
St. Joe Minerals Corp., Pea Ridge Iron Ore Facility......do......doApr. 22, 1981Dec. 28, 1981July 1, 1985.
Associated Electric Cooperative, Inc., Thomas Hill Power Plant—Unit 1Randolph County, MO10 CSR 10-3.060 and 10 CSR 10-3.080June 17, 1981Jan. 12, 1982June 1, 1984.
American Oil Co. (AMOCO)Sugar Creek, MO10 CSR 10-2.260Feb. 18, 1981Oct. 1, 1981June 1, 1982.
St. Joe Lead CoHerculaneum, MO§203.050.1(5) RSM01978Aug. 15, 1980ImmediatelyOct. 27, 1984.
AMAX Lead CoBoss, MO......do......do......doApr. 27, 1985.

(b) The compliance schedule submitted for the source identified below is disapproved as not meeting the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.

SourceLocationRegulation involvedDate adopted
Columbia Water & Light DepartmentColumbiaS-VIApr. 25, 1973.
Union Electric: Electric generating facilityLabadieXMar. 28, 1974.
      DoPortage des SiouxXJuly 25, 1974.
International Multifoods Corp.: Mechanical siftersNorth Kansas City(1)Aug. 31, 1976.
Meremac Mining Co., furnace and cooler Nos. 1 through 5Pea RidgeII (10 CSR 10-3.050)Feb. 23, 1977.
Empire District Electric Co., Power PlantAsbury JoplinIII (10 CSR 10-3.060) V (10 CSR 10-3.080)Apr. 27, 1977.
Missouri Portland Cement Co., clinker cooler No. 1Sugar CreekII (10 CSR 10-2.030) V (10 CSR 10-2.060)June 22, 1977.
Missouri Public Service Co., Sibley powerplant, unit Nos. 1, 2, and 3SibleyIII (10 CSR 10-2.040)June 26, 1977.
Tamko Asphalt Products, Inc., asphalt saturating lineJoplinV (10 CSR 10-3.080)July 26, 1977.
University of Missouri power plantColumbia10 CSR 10-3.060Feb. 21, 1979.
Noranda Aluminum, IncNew Madrid10 CSR 10-3.050Feb. 23, 1977.
Associated Electric Cooperative, Inc., Units 1 and 2......do110 CSR 10-3.060Apr. 18, 1979.

1Regulation IV, air pollution control regulations for Kansas City metropolitan area.

Note: X=Air Pollution Control Regulations for the St. Louis Metropolitan Area.

[39 FR 30835, Aug. 26, 1974]

Editorial Note: For Federal Register citations affecting §52.1335, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§§52.1336-52.1338   [Reserved]

§52.1339   Visibility protection.

(a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas.

(b) Long-term strategy. The provisions of §52.29 are hereby incorporated into the applicable plan for the State of Missouri.

(c) Regional Haze. The requirements of section 169A of the Clean Air Act are not met because the regional haze plan submitted by Missouri on August 5, 2009, and supplemented on January 30, 2012, does not include fully approvable measures for meeting the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to emissions of NOX and SO2 from electric generating units. EPA has given limited approval and limited disapproval to the plan provisions addressing these requirements.

(d) Measures Addressing Limited Disapproval Associated With NOX. The deficiencies associated with NOX identified in EPA's limited disapproval of the regional haze plan submitted by Missouri on August 5, 2009, and supplemented on January 30, 2012, are satisfied by §52.1326.

(e) Measures Addressing Limited Disapproval Associated With SO2. The deficiencies associated with SO2 identified in EPA's limited disapproval of the regional haze plan submitted by Missouri on August 5, 2009, and supplemented on January 30, 2012, are satisfied by §52.1327.

[52 FR 45138, Nov. 24, 1987, as amended at 77 FR 33657, June 7, 2012; 77 FR 38011, June 26, 2012]

§52.1340   Control strategy: Carbon monoxide.

Approval—A maintenance plan and redesignation request for the St. Louis, Missouri, area was submitted by the Director of the Missouri Department of Natural Resources on June 13, 1997. Additional information was received on June 15, 1998. The maintenance plan and redesignation request satisfy all applicable requirements of the Clean Air Act.

[64 FR 3859, Jan. 26, 1999]

§52.1341   Control strategy: Particulate.

Determination of attainment. EPA has determined, as of May 23, 2011, that the St. Louis (MO-IL) metropolitan 1997 PM2.5 nonattainment area has attained the 1997 PM2.5 NAAQS. This determination, in accordance with 40 CFR 51.1004(c), suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, reasonable further progress, contingency measures, and other plan elements related to attainment of the standards for as long as the area continues to meet the 1997 PM2.5 NAAQS. In addition, based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, the St. Louis (MO-IL) PM2.5 nonattainment area has attained the 1997 PM2.5 NAAQS by the applicable attainment date of April 5, 2010.

[77 FR 38185, June 27, 2012]

§52.1342   Control strategy: Ozone.

(a) Determination of attainment. EPA has determined, as of June 9, 2011, that the St. Louis (MO-IL) metropolitan 1997 8-hour ozone nonattainment area has attained the 1997 8-hour ozone NAAQS. This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, reasonable further progress, contingency measures, and other plan elements related to attainment of the standards for as long as the area continues to meet the 1997 Ozone NAAQS. In addition, based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, the St. Louis (MO-IL) ozone nonattainment area has attained the 1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 2010.

(b) Approval. EPA is approving an April 20, 2011, request from the State of Missouri for a waiver from the Clean Air Act requirement for Oxides of Nitrogen (NOX) Reasonably Available Control Technology (RACT) in the Missouri portion of the St. Louis (MO-IL) metropolitan 8-hour ozone nonattainment area for purposes of attaining the 1997 8-hour ozone National Ambient Air Quality Standard.

[76 FR 43601, July 21, 2011, as amended at 77 FR 25366, Apr. 30, 2012]



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