PURPOSE: The purpose of this rule is to have Missouri responsible for the Cross-State Air Pollution Rule (CSAPR) Nitrogen Oxide (NOx) Ozone Season Group 2 Trading Program rather than the U.S. Environmental Protection Agency. This rule makes no changes to the federal process to allocate allowances to affected units in Missouri for compliance with the CSAPR NOx Ozone Season Group 2 Trading Program. The evidence supporting the need for this rule, per section 536.016, RSMo, is the February 8, 2018 affected industry meeting summary.

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) Unless otherwise noted in subsection (1)(B) of this rule, the provisions of 40 CFR 97.802 through 40 CFR 97.835 promulgated as of July 1, 2018 are hereby incorporated by reference as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions.

   2. (B) Exceptions to subsection (1)(A) of this rule are as follows:

      1. 1. Any of the requirements imposed on any unit in Indian

country within the borders of any state in the provisions of 40 CFR 97.802 through 40 CFR 97.835;

1. 2. 40 CFR 97.811(b)(2);
2. 3. 40 CFR 97.811(c)(5)(iii);
3. 4. 40 CFR 97.812(b);
4. 5. 40 CFR 97.821(h); and
5. 6. 40 CFR 97.821(j).

1. (2) Definitions.

   1. (A) Definitions for key words and phrases used in this rule may be found in 40 CFR 97.802 and 40 CFR 97.803 as incorporated by reference in subsection (1)(A) of this rule.
   2. (B) Definitions of certain terms specified in this rule, other than those defined in this rule section, may be found in 10 CSR 10-6.020.
2. (3) General Provisions. The general provisions for the Cross- State Air Pollution Rule (CSAPR) Nitrogen Oxide (NOx) Ozone Season Group 2 Trading Program may be found in 40 CFR 97.804 through 40 CFR 97.828 as incorporated by reference in subsection (1)(A) of this rule.
3. (4) Reporting and Record Keeping. The monitoring, reporting, and record keeping provisions of the CSAPR NOx Ozone Season Group 2 Trading Program may be found in 40 CFR 97.830 through 40 CFR 97.835 as incorporated by reference in subsection (1)(A) of this rule.
4. (5) Test Methods. (Not Applicable).

AUTHORITY: section 643.050, RSMo 2016.* Original rule filed May 15, 2015, effective Dec. 30, 2015. Amended: Filed June 21, 2018, effective March 30, 2019.

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