PURPOSE: This rule, applicable to all installations in Missouri, provides the owner or operator of an installation the opportunity to submit data regarding conditions which result in excess emissions. These submittals will be used by the director to determine whether the excess emissions were due to a start-up, shutdown or malfunction condition. These determinations will be used in deciding whether or not enforcement action is appropriate. (1) Applicability. This regulation applies to all installations in the state of Missouri. (2) Definitions.

1. (A) Excess emissions—The emissions which exceed the requirements of any applicable emission control regulation.
2. (B) Malfunction—A sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal and usual manner. Excess emissions caused by improper design is not a malfunction.
3. (C) Shutdown—The cessation of operation of any air pollution control equipment or process equipment, except the routine phasing out of process equipment.
4. (D) Start-up—The setting into operation of any air pollution control equipment or process equipment, except the routine phasing in of process equipment.
5. (E) Definitions of certain terms in this rule, other than those specified in this rule section, may be found in 10 CSR 10-6.020.

6. (3) General Provisions.

   1. (A) In the event of a malfunction which results in excess emissions that exceeds one (1) hour, the owner or operator of such facility shall notify the Missouri Department of Natural Resources’ Air Pollution Control Program in the form of a written report submitted within two (2) business days. The written report shall include, at a minimum, the following:

      1. 1. Name and location of installation;
      2. 2. Name and telephone number of person responsible for

the installation;

1. 3. Name of the person who first discovered the malfunction

and precise time and date that the malfunction was discovered;

1. 4. Identity of the equipment causing the excess emissions;
2. 5. Time and duration of the period of excess emissions;
3. 6. Cause of the excess emissions;
4. 7. Air pollutants involved;
5. 8. Estimate of the magnitude of the excess emissions

expressed in the units of the applicable requirement and the operating data and calculations used in estimating the magnitude;

1. 9. Measures taken to mitigate the extent and duration of

the excess emissions; and

1. 10. Measures taken to remedy the situation which caused

the excess emissions and the measures taken or planned to prevent the recurrence of these situations.

1. (B) The owner or operator shall notify the Missouri Department of Natural Resources’ Air Pollution Control Program at least ten (10) days prior to any maintenance, start-up, or shutdown activity, which is expected to cause an excess release of emissions that exceeds one (1) hour. If notification cannot be given ten (10) days prior to any maintenance, start-up, or shutdown activity, which is expected to cause an excess release of emissions that exceeds one (1) hour, notification shall be given as soon as practicable prior to the maintenance, start-up, or shutdown activity. If prior notification is not given for any maintenance, start-up, or shutdown activity which resulted in an excess release of emissions that exceeded one (1) hour, notification shall be given within two (2) business days of the release. In all cases, the notification shall be a written report and include, at a minimum, the following:

   1. 1. Name and location of installation;
   2. 2. Name and telephone number of person responsible for

the installation;

1. 3. Identity of the equipment involved in the maintenance,

start-up, or shutdown activity;

1. 4. Time and duration of the period of excess emissions;
2. 5. Type of activity and the reason for the maintenance,

start-up, or shutdown;

1. 6. Type of air contaminant involved;
2. 7. Estimate of the magnitude of the excess emissions

expressed in the units of the applicable emission control regulation and the operating data and calculations used in estimating the magnitude;

1. 8. Measures taken to mitigate the extent and duration of

the excess emissions; and

1. 9. Measures taken to remedy the situation which caused

the excess emissions and the measures taken or planned to prevent the recurrence of these situations.

1. (C) Upon receipt of a notice of excess emissions issued by the Missouri Department of Natural Resources or an agency holding a certificate of authority under section 643.140, RSMo, the source to which the notice is issued may provide information showing that the excess emissions were the consequence of a malfunction, start-up, or shutdown. Based upon any information submitted by the source operator and any other pertinent information available, the director or the commission shall make a determination whether the excess emissions constitute a malfunction, start-up, or shutdown and whether the nature, extent, and duration of the excess emissions warrant enforcement action under section 643.080 or 643.151, RSMo.

   1. 1. In determining whether enforcement action is warranted,

the director or commission shall consider the following factors:

1. A. Whether the excess emissions during start-up,

shutdown, or malfunction occurred as a result of safety, technological, or operating constraints of the control equipment, process equipment, or process;

1. B. Whether the air pollution control equipment, process

equipment, or processes were, at all times, maintained and operated to the maximum extent practical, in a manner consistent with good practice for minimizing emissions;

1. C. Whether repairs were made as expeditiously as

practicable when the operator knew or should have known when excess emissions were occurring;

1. D. Whether the amount and duration of the excess

emissions were limited to the maximum extent practical during periods of this emission;

1. E. Whether all practical steps were taken to limit the

impact of the excess emissions on the ambient air quality;

1. F. Whether all emission monitoring systems were kept

in operation if at all possible;

1. G. Whether the owner or operator’s actions in response

to the excess emissions were documented by properly signed, contemporaneous operating logs, or other relevant evidence;

1. H. Whether the excess emissions were not part of a

recurring pattern indicative of inadequate design, operation, or maintenance; and

1. I. Whether the owner or operator properly and promptly

notified the appropriate regulatory authority.

1. 2. The information provided by the source operator under

subsection (3)(C) of this rule shall include, at a minimum, the following:

1. A. Written notification per subsection (3)(A) of this

rule for malfunctions which resulted in excess emissions that exceeded one (1) hour; or

1. B. Written notification per subsection (3)(B) of this

rule for maintenance, start-up, or shutdown activities which resulted in excess emissions that exceeded one (1) hour.

1. (D) Nothing in this rule shall be construed to limit the authority of the director or the commission to take appropriate action, under sections 643.080, 643.090, and 643.151, RSMo, to enforce the provisions of the Air Conservation Law and the corresponding rule.
2. (E) Compliance with this rule does not automatically absolve the owner or operator of such facility of liability for the excess emissions reported.

1. (4) Reporting and Record Keeping.

   1. (A) The information specified in paragraph (3)(C)2. of this rule shall be submitted to the director not later than fifteen (15) days after receipt of the notice of excess emissions. Information regarding the type and amount of emissions and time of the episode shall be recorded and kept on file. This data shall be included in emissions reported on any required Emissions Inventory Questionnaire.
   2. (B) The information submitted according to subsections (3)
2. (A) and (3)(B) of this rule and paragraph (3)(C)2. of this rule shall be kept on file at the installation for a period of five (5) years. This data shall be included in emissions reported on any required Emissions Inventory Questionnaire. The information shall be available to the director upon request.
3. (5) Test Methods (Not Applicable)

AUTHORITY: section 643.050, RSMo 2016.* Original rule filed March 15, 1979, effective Nov. 11, 1979. Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended: Filed June 15, 2001, effective Feb. 28, 2002. Amended: Filed Nov. 13, 2009, effective July 30, 2010. Amended: Filed May 1, 2019, effective Jan. 30, 2020.

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