PURPOSE: This rule incorporates by reference the federal regulatory requirements for existing sewage sludge incineration units in Missouri. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Federal Register Notice 76 FR 15372, dated March 21, 2011. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which 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.

   1. (A) This rule applies to each sewage sludge incineration

2. (SSI) unit, as defined in section (2) of this rule, for which construction was commenced on or before October 14, 2010, except as provided in subsection (1)(C) of this rule.

   1. (B) If the owner or operator of an SSI unit makes physical or operational changes to an SSI unit for which construction commenced on or before September 21, 2011, primarily to comply with this rule, 10 CSR 10-6.070 New Source Performance Regulations does not apply to that unit.

   2. (C) Exemptions to this rule are as follows:

      1. 1. Combustion units that incinerate sewage sludge and are

not located at a wastewater treatment facility designed to treat domestic sewage sludge. Owners or operators of combustion units claiming exemption under this paragraph must notify the director; and

1. 2. Any SSI unit that becomes subject to 10 CSR 10-6.070

New Source Performance Regulations because the owner or operator made changes after September 21, 2011, that meet the definition of modification, as defined in section (2) of this rule.

1. (2) Definitions.

   1. (A) The provisions of 40 CFR 60.5250, promulgated as of July 1, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.
   2. (B) Definitions of certain terms specified in this rule, other than those defined in subsection (2)(A) of this rule, may be found in 10 CSR 10-6.020.

2. (3) General Provisions. The following references to 40 CFR 60.5085 through 60.5225, 40 CFR 60.5240 through 60.5245, and 40 CFR 60, Subpart MMMM Tables 1 through 6, promulgated as of July 1, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.

   1. (A) Increments of Progress—40 CFR 60.5085 through 60.5125;
   2. (B) Operator Training and Qualifications—40 CFR 60.5130 through 60.5160;
   3. (C) Emission Limits, Emission Standards, and Operating Limits and Requirements—40 CFR 60.5165 through 60.5181;
   4. (D) Initial Compliance Requirements—40 CFR 60.5185 through 60.5200;
   5. (E) Continuous Compliance Requirements—40 CFR 60.5205 through 60.5215;
   6. (F) Performance Testing, Monitoring, and Calibration Requirements—40 CFR 60.5220 through 60.5225;
   7. (G) Title V Operating Permit—40 CFR 60.5240 through 60.5245; and

   8. (H) Table 1 though Table 6. The compliance dates for the increments of progress are—

      1. 1. For Increment 1, submit final control plan within one (1)

year of the effective date of this rule; and

1. 2. For Increment 2, final compliance by March 21, 2016.

1. (4) Reporting and Record Keeping. The provisions of 40 CFR 60.5230 through 40 CFR 60.5235, promulgated as of July 1, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions.
2. (5) Test Methods. (Not applicable)

AUTHORITY: section 643.050, RSMo Supp. 2012.* Original rule filed Aug. 27, 2012, effective May 30, 2013.

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