PURPOSE: This rule incorporates by reference the maximum achievable control technology regulations in 40 CFR 61. This provides the Missouri Department of Natural Resources the authority to implement and enforce these U.S. Environmental Protection Agency regulations.

PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Applicability. This rule applies to sources subject to 40 CFR 61 subparts incorporated by reference in subsection (3)(A) of this rule.

2. (2) Definitions. Certain terms used in 40 CFR 61 refer to federal officers, agencies, and publications. The following terms are substituted when applicable to Missouri where appropriate for the federal counterparts:

   1. (A) Director is substituted for Administrator;
   2. (B) Missouri Department of Natural Resources is substituted for EPA, EPA Regional Office, or Environmental Protection Agency; and
   3. (C) Missouri Register is substituted for Federal Register.

3. (3) General Provisions.

   1. (A) Incorporations by Reference.

      1. 1. The provisions of 40 CFR 61 promulgated as of July 1,

2024, are hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Government Publishing Office at https:// www.ecfr.gov/on/2024-07-01/title-40/chapter-I/subchapter-C/ part-61?toc=1 or for mail orders, print and fill out an order form online at https://bookstore.gpo.gov/sites/default/files/ uploads/15-091_publication_and_subscription_order_form.pdf and mail to U.S. Government Publishing Office, PO Box 979050, St. Louis, MO 63197-9000. This rule does not incorporate any subsequent amendments or additions.

1. 2. Exceptions to paragraph (3)(A)1. of this rule are—

   1. A. Those provisions which are not delegable by the U.S.

Environmental Protection Agency (EPA);

1. B. Sections 61.04, 61.16, and 61.17 of subpart A;
2. C. Subpart B;
3. D. Subpart H;
4. E. Subpart I;
5. F. Subpart K;
6. G. Subpart Q;
7. H. Subpart R;
8. I. Subpart T; and
9. J. Subpart W.
10. (B) The subparts of 40 CFR 61 incorporated by reference in subsection (3)(A) of this rule are— N National Emission Standard for Inorganic Arsenic Emissions From Glass

1. (4) Reporting. Reporting requirements are specified in each federal regulation incorporated by reference.
2. (5) Test Methods. Test methods are specified in each federal regulation incorporated by reference. AUTHORITY: section 643.050, RSMo Supp. 2024.* Original rule filed Dec. 10, 1979, effective April 11, 1980. Amended: Filed Feb. 9, 1981, effective July 11, 1981. Amended: Filed Dec. 10, 1981, effective June 11, 1982. Amended: Filed Jan. 12, 1983, effective June 11, 1983. Amended: Filed Feb. 14, 1984, effective July 12, 1984. Amended: Filed June 4, 1985, effective Oct. 26, 1985. Amended: Filed June 5, 1986, effective Sept. 26, 1986. Amended: Filed Feb. 4, 1987, effective May 28, 1987. Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended: Filed March 2, 1988, effective June 27, 1988. Amended: Filed June 6, 1989, effective Oct. 27, 1989. Amended: Filed May 1, 1992, effective Feb. 26, 1993. Amended: Filed March 25, 1993, effective Nov. 8, 1993. Amended: Filed June 30, 1994, effective Feb. 26, 1995. Amended: Filed Sept. 14, 1995, effective May 30, 1996. Amended: Filed July 15, 1997, effective Feb. 28, 1998. Amended: Filed March 15, 1999, effective Oct. 30, 1999. Amended: Filed July 30, 1999, effective March 30, 2000. Amended: Filed May 15, 2000, effective Dec. 30, 2000. Amended: Filed Jan. 31, 2002, effective Sept. 30, 2002. Amended: Filed Feb. 14, 2003, effective Oct. 30, 2003. Amended: Filed Feb. 17, 2005, effective Nov. 30, 2005. Amended: Filed May 2, 2006, effective Dec. 30, 2006. Amended: Filed Dec. 6, 2006, effective Aug. 30, 2007. Amended: Filed March 25, 2008, effective Nov. 30, 2008. Amended: Filed Sept. 24, 2009, effective May 30, 2010. Amended: Filed June 18, 2010, effective Feb. 28, 2011. Amended: Filed July 1, 2011, effective Feb. 29, 2012. Amended: Filed May 15, 2012, effective Dec. 30, 2012. Amended: Filed May 7, 2013, effective Dec. 30, 2013. Amended: Filed Oct. 7, 2016, effective July 30, 2017. Amended: Filed May 15, 2018, effective Feb. 28, 2019. Amended: Filed Nov. 25, 2019, effective Sept. 30, 2020. Amended: Filed Dec. 30, 2024, effective Sept. 30, 2025.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011, 2022.