PUB98 - Air Pollution Control Permits

Department of Natural Resources fact sheet
03/2018
Department of Natural Resources Director: Carol S. Comer
PUB98apcp

Air Pollution Control Permits

Missouri Department of Natural Resources
Division of Environmental Quality
Air Pollution Control Program
P.O. Box 176
Jefferson City, MO 65102-0176
573-751-4817

Or contact your nearest Missouri Department of Natural Resources' regional office.

If the activity of concern is located in St. Louis City, St. Louis County, Kansas City or Springfield, contact the local air pollution control authorities in addition to the department. They may have local codes or ordinances that apply.

Local Air Pollution Control Authorities

City of St. Louis
Division of Air Pollution Control
1415 N. 13th Street
St. Louis, MO 63106
314-613-7300
314-613-7275 FAX

Kansas City Air Quality Program
Air Quality Section
2400 Troost Ave., Suite 3000
Kansas City, MO 64108
816-513-6314
816-513-6173 FAX

St. Louis County Department of Health
Air Pollution Control Section
6121 North Hanley Road
Clayton, MO 63134
314-615-8924

Springfield Air Quality Control
Department of Environmental Services
P.O. Box 8368 Springfield, MO 65801-8368
417-864-1412

Air Pollution Control
Air pollution sources in Missouri are regulated by the Missouri Department of Natural Resources, Division of Environmental Quality, Air Pollution Control Program, and the U.S. Environmental Protection  Agency (EPA). These agencies administer programs created by the federal Clean Air Act (CAA), Clean Air Act Amendments (CAAA), and Missouri Air Conservation Law.

The department’s Air Pollution Control Program (APCP) administers the federal program and enforces state-only regulations and operates under the authority of the Missouri Air Conservation Law found in Chapter 643 (RSMo). The portion of the Code of State Regulations (CSR) that governs and outlines the Program’s responsibilities is recorded in 10 CSR 10. There are three local government agencies that also implement their authority to regulate air emissions under portions of state and federal air law : Kansas City, Springfield and St. Louis County.

CAA requirements administered by the APCP include (but are not limited to):

Notifications
The APCP regulates asbestos abatement and demolition projects through the review of Asbestos Project Notifications and Asbestos NESHAP Notification of Demolition and Renovation notifications as required under state and federal asbestos regulations. An asbestos abatement project is an activity undertaken to encapsulate, enclose or remove 160 square feet or 260 linear feet or more of regulated asbestos-containing material from buildings and other air contaminant sources ,or to demolish regulated buildings and  other air contaminant sources.

Friable asbestos containing material is any material that contains more than one percent asbestos, which is applied to ceilings, walls, structural members, piping, ductwork or any other part of a building or facility and that, when dry, may be crumbled, pulverized or reduced to powder by hand pressure. Nonfriable asbestos-containing materials may be rendered friable by certain activities and are, therefore regulated in certain circumstances. Please contact the APCP regarding any questions concerning the applicability of state and federal asbestos regulations.

Any regulated asbestos project must be performed by a contractor registered with the APCP using individuals that have been certified by the APCP. Contact the APCP regarding any questions concerning asbestos.

Permits Construction
Permits also called New Source Review (NSR) Permits, are issued by the APCP. Construction permits allow an installation to construct and operate an air emission source and are required prior to commencing construction of an air emission source. All new installations built after May 13, 1982 with the potential to emit (PTE) a regulated air pollutant in an amount equal to or greater than the de minimis (threshold) level are required to obtain a construction permit. Construction permits are also required for existing installations when the construction or modification has the potential to emit a regulated air contaminant at or above the insignificance levels. No construction permit is required if potential emissions of the entire installation are less than regulatory de minimis levels or potential emissions of the proposed project are below the insignificance levels. All incinerators must have a construction permit, regardless of emission levels. In addition, there are specific exemptions to the requirement of a construction permit.

These exemptions are detailed in 10 CSR 10-6.061, Construction Permit Exemptions. The regulated air pollutants, the de minimis emissions levels and insignificance levels are listed in Table 1 and Table 2 of this document.

Table 1
De Minimis Emission Levels
Table 1 of 10 CSR 10-6.020(3)(A)

Air Contaminant Emmission Rate (Tons per year)
Carbon monoxide (CO) 100.00
Nitrogen dioxide (NO2) 40.00
Particulate Matter (PM) 25.0
Particulate Matter - 10 micron (PM10) 15.0
Sulfer dioxide (SO2) 40.00
Ozone (to be measured as Volatile Organic Compounds, VOC) 40.0
Lead

0.6

Mercury

0.1

Beryllium

0.0004

Asbestos 0.007
Fluorides 3.0
Sulfur acid mist

7.0

Vinyl cloride 1.0
Hydrogen sulfide 10.0
Total reduced sulfur (including hydrogen sulfide) 10.0
Reduced Sulfur Compounds 10.0
Municipal waste combuster organics (measured as total terta- through octa-chlorinated dibenzoturans and dibenzofurans) 3.5 x 10-6
Municipal waste combustor metals (measured as particulate matter) 15.0
Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen cloride) 40.0
Municipal solid waste landfill emissions (measured as nonmethane organic compounds) 50.0
Hazardous Air Pollutant (each) 10.0
Sum of Hazardous Air Pollutants 25.0

 

Table 2
Emission Levels of Common Air Pollutants

Pollutant
Insignificant Levels
(lbs/hour)

Regulatory De Minimis Levels
(tons per year)

Major Source Thresholds - Operating Permits/NSR named sources
(tons per year)
Major Source Thresholds - NSR Non-named sources
(tons per year)
PM10
1.0
15
100
250
SOX
2.75
40
100
250
NOX
2.75
40
100
250
VOC
2.75
40
100
250
CO
6.88
100
100
250
HAPS
0.5 (*Note 1)
10/25
10/25
10/25

*Note 1: or the hazardous emission threshold as established in subsection (12)(J) of 10 CSR 10-6.060, whichever is less.

The PTE of a proposed project is calculated based on the maximum design capacity of the equipment, assuming continuous operation (24 hours a day, 365 days per year). In the construction permit application, the installation may request an emission limit. This limit, if accepted by the APCP would become part of the constraints in the construction permit. The proposed limit could change the type of construction permit issued and the operating permit status of the installation. Operating permits are discussed in the next section.

After determining if a permit is required, the installation must submit an Application for Authority to Construct to the APCP, in duplicate, with a filing fee of $100. In addition, the applicant is charged $50 per hour for engineering review time. Upon permit issuance, installations are required to begin the construction/modification within 18 months for major sources and within two years for all other sources. When an addition or modification is planned for an existing installation, the application forms are completed only for the added or modified equipment or process. The APCP’s review of the permit applications may take up to 90 or 180 days to complete depending on the type of construction permit requested.

A De Minimis New Source Review Permit is issued for a major or minor installation when the modification by itself has the potential to produce emissions below the de minimis level for each regulated air contaminant. A project with potential emissions above de minimis levels may request voluntary limits to de minimis levels to qualify for a de minimis permit.

A Minor New Source Review Permit is required for an installation or process, such that the construction or modification has the potential to emit at or greater than the de minimis level of a regulated air contaminant but less than the major level.

A Major Source New Source Review Permit, also known as a Prevention of Significant Deterioration (PSD) Permit, is required for any installation or process, when the construction or the modification has the PTE more than the major emission level of a regulated air contaminant. These requirements are found in 10 CSR 10-6.060(8). Major emission levels vary between 100 and 250 tons per year depending on local compliance with ambient air quality standards and whether the facility is a Named Installation. See Table 1 and Table 2 for emissions levels for common air pollutants.

Named Installations refers to a list of source categories available at, 10 CSR 10-6.020(3)(B) and Table 3 below. This list, used in the construction and operating permit rules, identifies types of sources of air pollution that must include fugitive emissions when calculating whether or not they are subject to the rule or section. For example, fugitive emissions must be included in the calculation of a Portland Cement Plant when deciding whether the potential to emit exceeds the 100 tons per year threshold (section (8) of the construction permit rule, PSD). However, stone quarry plants (not on the list) do not have to include fugitive emissions when comparing the PTE to 250 tons per year.

Table 3
List of Named Installations

  1. Coal cleaning plants (with thermal dryers)
  2. Kraft pulp mills
  3. Portland cement plants
  4. Primary zinc smelters
  5. Iron and steel mills
  6. Primary aluminum ore reduction plants
  7. Primary copper smelters
  8. Municipal incinerators capable of charging more than 250 tons of refuse per day
  9. Hydrofluoric, sulfuric or nitric acid plants
  10. Petroleum refineries
  11. Lime plants
  12. Phosphate rock processing plants
  13. Coke oven batteries
  14. Sulfur recovery plants
  15. Carbon black plants (furnace process)
  16. Primary lead smelters
  17. Fuel conversion plants
  18. Sintering plants
  19. Secondary metal production plants
  20. Chemical process plants
  21. Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input
  22. Petroleum storage and transfer facilities with a capacity exceeding three hundred thousand (300,000) barrels
  23. Taconite ore processing facilities
  24. Glass fiber processing plants
  25. Charcoal production facilities
  26. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat
  27. All other stationary source categories regulated by a standard promulgated under Section 111, Standards of Performance for New Stationary Sources or Section 112, MACT of the CAAAs.

In nonattainment areas, major sources are subject to Nonattainment Major New Source Review Permit regulations. These requirements are found in 10 CSR 10-6.060 (7). If the potential to emit of the nonattainment pollutant is greater than de minimis, a Nonattainment permit is required.

In Missouri there are two areas designated as nonattainment due to violations of NAAQs. A nonattainment area for ozone and particulate matter less than microns (PM2.5) consists of Franklin, Jefferson, St. Charles and  St. Louis counties, and the City of St. Louis. The nonattainment area for lead includes Herculaneum in Jefferson County.

Operating Permits are issued by the APCP in accordance with Title V of the 1990 CAAAs. The federal regulation enabling Title V is found in 40 CFR 70 and thus operating permits are frequently referred to as Title V permits.

All sources with the PTE any regulated air pollutant above de minimis levels, including “grandfathered” sources not required to have a construction permit, must obtain an operating permit. The intent of the program is to insure that sources comply with all applicable state and federal regulations. There are three classes of operating permits: Part 70 (Major), Intermediate (also called Synthetic Minor) and Basic State.

A Part 70 Operating Permit is required for installations with potential emissions exceeding 100 tons per year of any criteria pollutant, 10 tons per year of any single hazardous air pollutant (HAP) or 25 tons per year of combined HAPs, or if the EPA Administrator requires a Part 70 permit as a part of a federal rule making. These emissions levels are calculated after control devices and are called the major source threshold.

An Intermediate (or Synthetic Minor) Operating Permit may be obtained by installations whose PTE is above the major source threshold, but request a voluntary limit on operations to keep emissions below the major source threshold. Conditions could include absolute emissions limits, record keeping of operating hours limits, or production limits. Before applying for intermediate status, businesses should carefully consider whether voluntary conditions to limit emissions would be an undue handicap on operations.

A Basic State Operating Permit is required if the PTE is between de minimis and major levels. All incinerators must obtain an operating permit, regardless of the level of emissions.

The completed application is submitted with a $100 fee to the APCP or if the business is located in one of the local jurisdictions such as Kansas City or St. Louis, to that local agency. No review time s charged. Part 70 applications are overviewed by the EPA regional office and require public notice. A public hearing may be requested for cause by any interested party. A hearing does not have to be held, if in the judgment of the APCP it is not required. Intermediate Applications require public notice, and interested parties may comment or request a hearing.

Several source categories have the option of applying for a Permit by Rule rather than a de minimis or minor New Source Review permit. The permit by rule application contains conditions of operation. Once the installation accepts these conditions and submits the applicable application, the department reviews and issues the permit by rule within seven days of receipt of the notification/application. At the time of publication, permit by rule was available for the following source categories: printing operations, crematories and animal incinerators, surface coating and livestock markets.

Portable equipment having the potential to emit any regulated air pollutant greater than de minimis levels must obtain a construction permit. This permit will be a De Mininis or Minor New Source Review Permit depending on the level of emissions. The equipment will be permitted for all sites included in the application, but the applicant must indicate the original location for the plant. When the owner or operator wants to move the equipment, a Portable Source Relocation Request must be submitted to the APCP. For pre-approved sites (site previously permitted) the agency reviews these requests within seven days, for new sites these reviews take 21days. Once a portable plant is relocated, the operations at the new site are limited to 24 months. If an owner desires to stay at a relocation site longer than the 24 months, they must submit a regular construction permit application for approval, which is subject to a 90-day review.

Temporary Installations and Pilot Plants with a PTE less than 100 tons per year may receive a permit upon written request to the APCP before construction begins. Permits are issued only when the attainment or maintenance of ambient air quality standards is not threatened.

Many of the required forms are available online under the heading Air Pollution at dnr.mo.gov/forms/index.html. For more information about the specific permits, Environmental Permits and How to Obtain Them may be helpful, and is also located online. To receive a paper copy of any air pollution control application forms, contact the APCP Permit Section at 573-526-3835.

Risk Management Program to prevent accidental releases
Under 112(r) of the Federal CAAAs of 1990: Prevention of Accidental Releases, if you handle, manufacture, use, or store any of the 140 specified toxic and flammable substances above the threshold quantities in a process, you are required to develop and implement a Risk Management Program. The goal of the Risk Management Program is to prevent accidental releases of substances that can cause serious harm to the public and the environment. Your Risk Management Plan will help the Local Emergency Planning Committee prepare for and respond to chemical accidents. It will also be useful to the public in understanding the chemical hazards in their community.

Covered facilities are required to submit a plan describing their efforts to prevent and minimize the consequences of accidental chemical releases.

The accidental release regulation, found in Code of Federal Regulations 40 CFR 68, requires that covered facilities identify, assess, document, and minimize their chemical hazards by developing a risk management program and submitting a risk management plan to the EPA.

The phrase “risk management program” refers to all of the requirements of Part 68, which must be implemented on an on-going basis. The phrase “risk management plan" refers to the document summarizing the risk management program that you must submit to EPA.

In general, 40 CFR 68 requires that:

Am I covered?
The type and quantity of chemicals used will determine if your facility is affected. Some of the chemicals covered by this regulation include ammonia and chlorine. Your business will likely be required to comply with the risk management program if you use any of the140 regulated substances in quantities that exceed certain thresholds. Even if you are a small business, you may be using common hazardous chemicals in quantities great enough to cause harm to the surrounding community if there were an accident. These regulations also apply to government facilities.

Some included chemicals and threshold quantities: If you discover that you are subject to the Risk Management Program, you will then determine which "program level" you fit. EPA established three levels of requirements to reduce the regulatory burden for facilities with a low risk of off-site impacts in the event of a chemical accident. Program Level 1 has the fewest requirements, while Program Levels 2 and 3 require more work because their processes present a greater risk to the surrounding communities. For guidance when determining whether the chemicals you use are covered substances above the threshold quantities and to determine which level applies to you, contact the Air Pollution Control Program (APCP).

The availability of your risk management plan via the Internet is intended to stimulate communication between industry and the public to improve accident prevention and emergency response practices at the local level. This way, the people who live near your business, and the police and firefighters who protect them, will learn more about the hazards of the chemicals that you use and the steps that you are taking to prevent accidents.

The department is committed to implement the Risk Management Program in Missouri with a focus on compliance assistance. EPA will provide for enforcement activities in Missouri. The regulation requires that all plans be submitted electronically to EPA via computer diskette. Small businesses that are unable to comply with required electronic submission may be eligible for an electronic waiver whereby they can submit their Risk Management Program on paper.

Chemical safety, site security, and Fuels Regulatory Relief Act
On Aug. 5, 1999, President Clinton signed the Chemical Safety Information, Site Security and  Fuels Regulatory Relief Act (Public Law 106-40). The new law primarily concerns the public availability of the Off-site Consequence  Analysis (OCA) sections of risk management plans. The new law prohibits government officials from disclosing to the public the OCA sections of Risk Management Programs and other related materials until at least Aug. 5, 2000. However, the law does not prohibit facilities from sharing with the public the OCA sections of their Risk Management Programs, and it requires most facilities to provide the public with at least a summary of their OCA information by Feb.1, 2000.

If your facility was required to submit a Risk Management Program for a Program 2 or Program 3 process, you should have announced and held a public meeting by Feb. 1, 2000, to discuss your Risk Management Program, including the OCA sections. If you meet the applicable definition of "small business stationary source," you may opt to publicly post a summary of your OCA information.

In either case, you must certify to the Federal Bureau of Investigation (FBI) by June 5, 2000 that you have held the meeting or posted the summary.

Facilities having only Program 1 processes are exempt from the public meeting/summary requirement. The certificate may be mailed to the following address:

Director, FBI
Attention: RMP Program – Room 1B327
935 Pennsylvania Ave.
N.W. Washington, D.C. 20535-0001

The FBI will document receipt of the certifications and provide documentation to the EPA. No other communication should be included with certifications to the FBI.

The owner or operator of a facility may choose to share with the public the OCA sections of the facility's RMP. PL106-40 provides that the OCA sections of any Risk Management Program made available to the public without restriction by the facility owner or operator is not subject to the restrictions of the law. Once a facility has released that portion of its Risk Management Program to the public, government officials may do so, as well. If your facility makes the OCA portion of your Risk Management Program available to the public without restriction, PL106-40 requires you to notify EPA that you have done so.EPA must keep a public list of facilities that have released the OCA portion of their Risk Management Programs without restriction.

EPA has the authority to enforce the meeting, certification, and notification provisions of the law. Failing or refusing to comply with the above provisions may result in EPA initiating a judicial action in federal district court to enforce the obligations under the new law.

This law created a new exemption for flammable fuels used as fuel or held for sale as fuel at a retail facility. A retail facility is defined as a facility "at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold by volume, is sold through a cylinder exchange program."

This exemption was added to the existing exemption for anhydrous ammonia when used as an agricultural nutrient by the end user. For more information: Contact EPA’s hotline at 800-424-9346 (during regular business hours) or the Chemical Emergency Preparedness and Prevention Office website: epa.gov/oil-spills-prevention-and-preparedness-regulations.

Asbestos Abatement Contractor Registration

Regulated Activities: Contractors registered with the Missouri Department of Natural Resources must perform all asbestos abatement projects on regulated structures. Under certain strict conditions, a business may obtain a one-time exemption to perform asbestos mitigation work in its own place of business.

Fee: $2,650 processing fee per contractor registration

Required documents:
• Asbestos Contractor Registration Application, Form MO 780-1224, available online at dnr.mo.gov/forms/780-1224-f.pdf;
• Summary of the company's respiratory protection program and employee medical surveillance for compliance with OSHA and EPA Worker Protection Laws;
and
• Proof of certification by the state of Missouri for at least one asbestos supervisor working for the asbestos abatement contractor

Length of registration: One year

Average processing time: Three to six weeks

Public participation: None required

Applicable statutes: RSMo 643.225 through 643.250

Applicable rules: 10 CSR 10-6.250; 10 CSR 10-6.080 and 40 CFR Part 61, Subpart M

Asbestos Notification

Regulated activities:
• Abatement of regulated asbestos-containing materials (RACM) during renovation, demolition or operation and maintenance of a regulated structure
and
• Demolition of any regulated structure, regardless of the presence of asbestos

Fees:
• $200 review fee for abatement projects disturbing more than 260 lineal feet, 160 square feet or 35 cubic feet of RACM
or
• $100 review fee for demolition notifications

Required documents:
• For abatement projects — a completed Asbestos Project Notification, Form MO 780-1226
or
• For demolitions — a completed Asbestos NESHAP Notification of Demolition and Renovation, Form MO 780-1923

Timing for submittal: At least 10 working days before the project commences

Length of project: Good only for the dates specified in the notification

Public participation: None required

Applicable statutes: RSMo 643.225 through 643.250

Applicable rules: 10 CSR 10-6.250; 10 CSR 10-6.080 and 40 CFR Part 61, Subpart M

Construction Permits (New Source Review)
Construction permits, also called New Source Review (NSR) permits, are required for the construction of a new air pollution source, or modification of an existing source. Construction permits allow an installation to construct and operate an air emission source. Construction permits are required prior to commencing construction of an emission source. An applicant may apply for a pre-construction waiver if applicable. See section relating to De Minimis and Minor New Source Review Permits.

No construction permit is required if potential emissions of the entire installation are less than regulatory de minimis levels or potential emissions of the proposed project are below the insignificance levels.

Potential emissions of a proposed project are calculated based on maximum design capacity of the equipment and assuming continuous operation, 8,760 hours per year. Emissions factors and control efficiencies used to calculate the potential to emit are based upon EPA sources, stack testing or engineering data.

There are three general types of construction permits: Major Source, Minor Source and De Minimis. The department also issues portable relocation permits that allow for the movement and operation of equipment previously permitted through the minor and de minimis permitting sections. In addition, the department may issue a temporary or pilot plant permit in place of a minor source or de minimis permit if the installation qualifies for a temporary permit under state regulations.

Operating permits are required after an installation constructs and commences operation of an air emission source. The operating permit lists all applicable rules and regulations for a facility in one document. There are three types of operating permits: Part 70, Intermediate or Synthetic Minor, and Basic State.

The types of permits and requirements for each are shown on the next few pages. Application forms are available electronically at dnr.mo.gov/forms/index.html. In addition, paper copies are available by contacting the Air Pollution Control Program.

The most common regulated pollutants and their applicable emission levels are shown in Table 1. For a complete list of regulated air pollutants and a list of named sources, refer to the Code of State Regulations, specifically 10 CSR 10-6.020 (3). Table 1: Emission levels of common air pollutants.

Table 1: Emission levels of common air pollutants.
Pollutant (*Note 1) Insignificant Levels (lbs./hour) Regulatory De Minimis Levels /
Federal Significance Levels
(tons per year)
Major Source Thresholds -
Operating Permits and NSR named sources
(tons per year)

Major Source Thresholds -
NSR Non-named sources
(tons per year)

PM10 1.0 15 100 250
PM25 ***Note 3 10.0 100 250
SOx 2.75 40 100 250
NOx 2.75 40 100 250
VOC 2.75 40 100 250
CO 6.88 100 100 250
HAPs 0.5 (**Note 2) 10/25 10/25 10/25

*Note 1 - M10 = particulate matter with diameter less than 10 microns; PM2.5 = particulate matter with diameter less than 2.5 microns in diameter; SOx = Sulfur Oxides; NOx = Nitrogen Oxides; VOC = Volatile Organic Compounds; CO= Carbon Monoxide; HAPs= Hazardous Air Pollutants.
** Note 2: or the hazardous emission threshold as established in subsection (12)(J) of 10 CSR 10-6.060, whichever is less.
*** Note 3: Insignificant Levels for PM2.5 are being developed. Check with the Air Pollution Control Program for more information.

De Minimis and Minor Source New Source Review Permits
(Construction permits including concrete plants and quarries)

Regulated Activities: De Minimis: The modification of a major or minor installation when the modification by itself has the potential to produce emissions below the de minimis level for each regulated air contaminant. An installation with a project with potential emissions above de minimis levels may request voluntary limits to de minimis levels for review under this section.

Minor: The construction or modification of a minor installation, or process, such that the construction or the modification has the potential to emit at or greater than the de minimis level of a regulated air contaminant but less than major source levels per year. (Minor installations are installations with potential emissions greater than the de minimis levels but less than the major source threshold.) Existing installations with potential emissions greater than the major source threshold for New Source Review permitting do not qualify for minor permits unless the project emissions are solely hazardous air pollutants and a Maximum Achievable Control Technology standard applies to the equipment.

See Table 1 for emission levels.

There are several source categories that have the option of applying for a permit by rule rather than a de minimis or minor new source review permit application. For more information see Permit by Rule Notifications at dnr.mo.gov/env/apcp/docs/cp-permitbyrulenotific.pdf.

The relocation of industrial emission sources designed for and capable of being moved to other sites around the state. Typically this section applies to portable concrete, asphalt or crushing plants.  

Either a de minimis or minor new source review permit is required initially for a new or modified portable source but is not required again for setup at each relocation. Each new location is evaluated for air quality impact. See Portable Source Relocation Request on the department’s website at dnr.mo.gov/env/apcp/docs/cp-portablesourcerelocate.pdf for more information.

Fees: $100 filing fee; $50 per hour of review time

Required Documents: Two copies of the completed application form, Application for Authority to Construct, Form -- MO 780-1323. Supplemental documentation such as air quality modeling may be required for some applications depending on pollutants being emitted.  The  Application for Authority to Construct is available online at dnr.mo.gov/forms/780-1323-f.pdf.

Concrete plants and quarries have the option to submit an electronic Concrete Emission Worksheet or Quarry Emission Worksheet in lieu of a Form 2.0 from the Application for Authority to Construct for each emission unit.” These forms are available on the department’s website at dnr.mo.gov/forms/index.html.

In addition, paper copies of the Application for Authority to Construct form are available by contacting the Air Pollution Control Program.

Length of Permit: This permit does not expire. However, construction must start within two years of permit issuance. The permit may be revoked if construction is not started within this time frame. The applicant may apply for an extension for commencing construction as long as the conditions of 10 CSR 10-6.060 (6)(E)2 are applicable.

Pre-Construction Waiver: An applicant may request a pre-construction waiver. This allows construction of the applicable equipment. The department may grant the waiver if all criteria for a waiver are met. An applicant must receive the permit prior to start-up of operations. A fact sheet titled Preconstruction Prohibition Waivers (PUB 2014) is available online at dnr.mo.gov/pubs/pub2014.pdf. In addition, paper copies are available by contacting the Air Pollution Control Program.

Processing Time: State regulations require the department to issue a minor new source review permit within 90 days of receipt of a complete application. If additional technical information is requested during the permit review, the time spent by the applicant preparing this information is not included in the 90 days.

Pre-application Meetings: Pre-application meetings or conference calls are encouraged for projects with potential emissions of particulate matter or sulfur oxides greater than 50 tons per year. These projects do require air quality modeling and are more complicated in nature.

Public Participation: None required

Applicable Statutes: RSMo 643.075

Applicable Rules: 10 CSR 10-6.060, 10-6.020 and 10-6.010

Major Source New Source Review Permit
(attainment and nonattainment areas)

Regulated Activities: The construction or modification of an installation or process, such that the construction or the modification has the potential to emit more than the major emission level of a regulated air contaminant. See Table 1 for emission levels. For existing major sources, construction or modification that produces a net emissions increase of greater than the de minimis levels will also fall under this review. For these projects, facilities may request a voluntary limit to de minimis levels. In this case the application would be reviewed following the De Minimis New Source Review Permits detailed previously.

Fees: $100 filing fee; $50 per hour of review time (includes air modeling review time.)

Required Documents: Two copies of a completed Application for Authority To Construct Form --MO 780-1323, available online at dnr.mo.gov/forms/780-1323-f.pdf and documentation of control technology selection (either best available control technology or lowest achievable emission rate). Air quality modeling is required for each pollutant emitted above the de minimis levels. Up to one year’s ambient air monitoring may be required depending on the pollutants being emitted. In addition, paper copies are available by contacting the Air Pollution Control Program.

Length of Permit: This permit does not expire. However, construction must commence within 18 months of permit issuance. The permit may be revoked or additional modeling or control technology analyses may be required if construction is not started within this time frame. If construction stops prior to completion of the project and is stopped for more than 18 months, additional modeling and a new control technology analysis may be required.

Pre-Construction Waiver: Applicants subject to major new source review permits do not qualify for pre-construction waivers. Therefore, a new source review permit must be issued before construction begins.

Processing Time: State regulations require the department to issue a major new source review permit within 184 days of receipt of a complete application. If additional technical information is requested during the permit review, the time spent by the applicant preparing this information is not included in the 184 days. The public comment period and public hearing are both included in this 184-day time frame.

Pre-application Meeting: This is a complex permitting process. Pre-application conferences are strongly encouraged. Communication with the department in the early planning stages of the project helps prevent time delays during the permit review period.

Public Participation: Public notice and opportunity for public hearing are required.

Applicable Statutes: RSMo 643.075

Applicable Rules: 10 CSR 10-6.060, 10-6.020 and 10-6.010

Major New Source Review Hazardous Air Pollutant (HAP) Permit
Regulated Activities: The construction or reconstruction of any new process or production unit that has the potential to emit greater than 10 tons per year of any single HAP or greater than 25 tons per year of combined HAPs; and which is not in a source category covered by a federal standard for reduction of hazardous air pollutant emissions under section 112 of the Clean Air Act of 1990. These federal standards are found in 40 CFR Parts 60 and 63. Installations may request voluntary limits of 10 tons per year of any single HAP and 25 tons per year of combined HAPS. With the voluntary limits, the project would then be reviewed as a de minimis permit.

Fees: $100 filing; $50 per hour review

Required Documents: Two copies of a completed Application for Authority to Construct, Form -- MO 780-1323 available online at dnr.mo.gov/forms/780-1323-f.pdf. Documentation that existing emission control equipment constitutes best achievable control technology, or BACT, lowest achievable emission rate (LAER) as described in 40 CFR Part 51 or 52; or toxic best available control technology (T-Bact) or maximum achievable control technology (MACT), for the HAPs to be emitted by the process or production unit. If HAP control technology does not currently exist, then documentation the control technology to be used meets MACT standards for the pollutants to be emitted and alternative control technologies were considered must be included. The review of the control technology documentation is sometimes called “case by case MACT” review.

Length of Permit: This permit does not expire. However, construction must commence within 18 months of permit issuance. The permit may be revoked if construction is not started within this time frame. Construction must commence within 18 month of permit issuance. Permits may be extended, but in no case for more than 30 months after issuance.

Processing Time: Thirty calendar days to determine if the application is complete; then 30 calendar days to notify the applicant the proposed MACT is approved or disapproved. If the proposed MACT is approved, the permit must be issued within 90 calendar days of notice the application is complete. If the proposed MACT is rejected, the applicant has 60 calendar days from the date of receipt of disapproval to provide in writing, additional information for review. In this event, the applicant must be notified within 30 days after the additional information is received if the application will be approved.

Pre-application Meeting: This is a complex permitting process. Pre-application conferences are strongly encouraged. Communication with the department in the early planning stages of the project helps prevent time delays during the permit review period.

Public Participation: Public notice and a 30-day comment period are required. Public comments may result in delaying the permit review for the applicant’s response to the comments.

Applicable Statutes: RSMo 643.050

Applicable Rules: 10 CSR 10-6.060 and 10 CSR 10-6.020

Permit by Rule Notifications
Regulated Activities: There are several source categories that have the option of applying for a permit by rule rather than a de minimis or minor new source review permit application. The permit by rule application contains conditions of operation. After the installation accepts these conditions and submits the applicable application, the department reviews and quickly issues a permit by rule. At the time of publication, permit by rule was available for the following source categories: printing operations, crematories and animal incinerators, surface coating and livestock markets.

Fees: $700 flat fee covers filing and review time

Required Documents:

Printed paper copies are available by contacting the Air Pollution Control Program.

Length of Permit: This permit does not expire.

Processing Time: Seven days

Public Participation: None required

Applicable Statutes: SMo 643.075

Applicable Rules: 10 CSR 10-6.062, 10-6.020 and 10-6.010

Portable Source Relocation Request
(often portable concrete, asphalt or crushing plants)

Regulated Activities:  The relocation of industrial emission sources designed for and capable of being moved to other sites around the state. Typically this section applies to portable concrete, asphalt or crushing plants. Either a de minimis or minor new source review permit is required initially for a new or modified portable source but is not required again for setup at each relocation. Each new location is evaluated for air quality impact.

Fees: Previously approved sites: No review fee.

Relocation to new sites: $200 flat fee is required. No additional review fee is charged.

Required Documents: Report of Portable Source Relocation Request, Form -- MO 780-1323, available online at dnr.mo.gov/forms/780-1323-f.pdf, maps of location, source layout and associated site specific documentation (haul roads/storage pile information).  The relocation forms are located on pages 14 to 16 of the Application for Authority to Construct, Form -- MO 780-1323) available online at dnr.mo.gov/forms/780-1323-f.pdf.

Printed paper copies are available by contacting the Air Pollution Control Program.

Length of Permit: The relocation permit is valid for two years from date of starting operations at an approved site or until the date specified in the approved relocation request.

Processing Time: Seven days for previously approved locations that have no change in operation. 21 days for new location for previously permitted equipment.

Public Participation: None required

Applicable Statutes: RSMo 643.075

Applicable Rules: 10 CSR 10-6.060, 10-6.020 and 10-6.010

Quarries
See De Minimis and Minor Source New Source Review Permits.

Open Burning Permit
Regulated Activities: Open burning of tree trunks, tree limbs and vegetation from land clearing operations is allowed only in the out-state area if the burning takes place outside the city limits of any incorporated area or municipality and at least 200 yards from the nearest inhabited dwelling. The out-state area is the geographical area comprising those counties not contained in the Kansas City or St. Louis metropolitan areas or the Springfield-Greene County area.

City or county governments may impose restrictions in addition to Missouri’s state regulations. Prior to conducting any open burning, businesses and citizens should contact the city or county of jurisdiction for any local restrictions.

Missouri allows fires to be set for the purpose of training fire fighters. Contact the nearest department regional office or the local agency in the Springfield-Greene County area, St. Louis metropolitan area and Kansas City metropolitan area for requirements. All fire training exercises must be in compliance with 40 CFR part 61 subpart M, National Emission Standard for Hazardous Air Pollutants, for asbestos and National Fire Protection Association 1403.

Fees: None

Required Documents: Completed Application for Permit to Open Burn Vegetative Waste, Form -- MO 780-1941. The form is available online at dnr.mo.gov/forms/780-1941-f.pdf.

Length of Permit: Negotiable

Average Processing Time: Five days

Public Participation: None required

Applicable Statutes: RSMo 643

Applicable Rules: 10 CSR 10-6.045

Operating Permits: Basic, Part 70 and Intermediate/Synthetic Minor Operating Permits
Regulated Activities: Missouri’s operating permit program applies to all Missouri installations that have the potential to emit more than the specified de minimis level of any regulated air contaminant. Incinerators and most sources subject to federal New Source Performance Standard(s) or National Emission Standards for Hazardous Air Pollutants are required to have an operating permit regardless of potential emissions.

Basic: Installations where potential emissions are greater than the de minimis level, but less than 100 tons per year of any non-HAP pollutant.

Part 70: Installations with potential emissions exceeding 100 tons per year of any non-HAP or 10 tons per year of any single HAP, or 25 tons per year of two or more HAPs.

Intermediate or Synthetic Minor: Installations with potential emissions above the major source level, that choose to take voluntary limits on their operations to keep emissions below the major source threshold. These conditions are called Federally Enforceable Permit Conditions, and the limited emissions become the installation’s new potential emissions.

Installations that obtain a construction permit limiting actual emissions to less than de minimis levels are called Synthetic De Minimis and are not required to obtain an operating permit as long as there are no other federal requirement(s) to obtain an operating permit.

Fees: $100 filing fee

Required Documents: An Application for Authority to Operate, Form -- MO 780-1519, for Part 70 is available online at dnr.mo.gov/forms/780-1519-f.pdf and a Basic Operating Permit Notification, Form -- MO 780-1872, for basic installations available online at dnr.mo.gov/pubs/pub2279.pdf. New Part 70 installations must apply within one year of starting up operations. Other new installations must apply within 30 days of startup. Renewal applications must be filed no sooner than 18 months and no later than six months before expiration. In addition, paper copies are available by contacting the Air Pollution Control Program.

Length of Permit: Five years from date of issuance.

Processing Time: It may take up to 18 months to issue a Part 70 operating permit. Intermediate and Basic State operating permits are generally issued in less than 18 months.

Public Participation: Public notice and opportunity for public hearing are required on all Part 70 and Intermediate operating permits.

Applicable Statutes: RSMo 643.078

Applicable Rules: 10 CSR 10-6.065, and 10 CSR 10-6.020

Vapor Recovery Construction Permit
Regulated Activities: The construction of new gasoline dispensing facilities and any modification to existing gasoline dispensing facilities when the activity may affect the vapor recovery or gasoline dispensing equipment. Permits are required only in the St. Louis ozone non-attainment area (counties of St. Louis, Franklin, Jefferson, St. Charles and St. Louis City). For additional information see the Vapor Recovery webpage at  dnr.mo.gov/env/apcp/stageii/stage2.htm#gdt.

Fees: $100 Missouri application fee for facilities in the City of St. Louis and in Franklin, Jefferson and St. Charles counties. Missouri fee waived in St. Louis County. $100 County Construction permit fee in St. Louis County.

Required Documents: A completed Vapor Recovery System Construction/Operating Permit Application, Form MO-780-1561, available online at dnr.mo.gov/forms/780-1561-f.pdf, current California Air Resources Board, executive order(s) for Stage I and Stage II equipment that will be installed, Missouri Performance Evaluation Test procedures approval numbers, site-specific plan for layout of dispensers, tanks, products lines and vapor lines including elevation plan and slope.

Length of Permit: A construction permit is required for each new construction and each regulated modification of an existing facility. The length of each permit is one year.

Average Processing Time: 30 to 60 days. Applications to be submitted at least 60 days prior to beginning construction.

Public Participation: Not required

Applicable Statutes: RSMo 643

Applicable Rules: 10 CSR 10-5.220

Vapor Recovery Operating Permit
Regulated Activities: An operating permit is required upon completion of a new gasoline dispensing facility and upon completion of regulated modifications to an existing gasoline dispensing facility. Existing gasoline dispensing facilities must submit an application for an operating permit upon notification by the department, completion of construction or 60 days prior to expiration of current operating permit. Permits are required only in the St. Louis ozone non-attainment area (counties of St. Louis, Franklin, Jefferson, St. Charles and St. Louis City). For additional information see the Vapor Recovery home page: dnr.mo.gov/env/apcp/stageii/stage2.htm#gdt.

Fees: $100 Missouri application fee for facilities in the City of St. Louis and in Franklin, Jefferson and St. Charles counties. State operating permit fee for new construction and modifications should be submitted with the construction permit application and fee. Missouri State fee waived in St. Louis County. $100 County Construction permit fee in St. Louis County.

Required Documents: A completed Vapor Recovery System Construction/Operating Permit Application, Form MO--780-1561, available online at dnr.mo.gov/forms/780-1561-f.pdf, current California Air Resources Board executive order(s) for Stage I and Stage II equipment that is/will be installed, MOPETP approval numbers, site-specific plan for layout of dispensers, tanks, product lines and vapor lines including elevation plan and slope (if available on existing facilities), proof of passage of pressure decay test, back pressure blockage test and pressure/vacuum valve bench test.

Length of Permit: Permits will be issued for five years. New operating permits will be issued whenever the facility undergoes a regulated modification.

Average Processing Time: 30 to 60 days

Public Participation: Not required

Applicable Statutes: RSMo 643

Applicable Rules: 10 CSR 10-5.220