Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule restricts the emission of
excessive odorous matter. The evidence supporting the need for this rule, per
536.016, RSMo, are minutes from a May 28, 2009, Missouri Air Conservation
Commission meeting, letters from Washington University in St. Louis School of
Law and the Attorney General's Office dated October 6, 2006, and odor workgroup
meeting notes from 2007.
(1)
Applicability. This rule shall apply to any person that causes, permits, or
allows emission of odorous matter throughout the state of Missouri, except-
(A) The provisions of section (3) of this
rule shall not apply to the emission of odorous matter from the pyrolysis of
wood in the production of charcoal in a Missouri-type charcoal kiln;
(B) The provisions of section (3) of this
rule shall not apply to the emission of odorous matter from the raising and
harvesting of crops nor from the feeding, breeding, and management of livestock
or domestic animals or fowl with the exception of Class IA concentrated animal
feeding operations; and
(C) The
provisions of this rule shall not apply to emissions of odorized natural gas,
or the chemicals used to achieve the regulated odorization of natural gas,
inherent to the operations of a natural gas utility.
(2) Definitions. Definitions of certain terms
specified in this rule may be found in
10 CSR
10-6.020.
(3) General Provisions. No person may cause,
permit, or allow the emission of odorous matter in concentrations and
frequencies or for durations that odor can be perceived when one (1) volume of
odorous air is diluted with seven (7) volumes of odor-free air for two (2)
separate trials not less than fifteen (15) minutes apart within the period of
one (1) hour. This odor evaluation shall be taken at a location outside of the
installation's property boundary.
(A) Control
of Odors from Class IA Concentrated Animal Feeding Operations. Notwithstanding
any provision in any other regulation to the contrary, all Class IA
concentrated animal feeding operations shall operate under an odor control plan
describing measures to be used to control odor emissions that are necessary to
maintain compliance with the odor performance standard described in section
(3). All new Class IA concentrated animal feeding operations and any operation
that expands to become a Class IA concentrated animal feeding operation shall
obtain approval from the department for an odor control plan at least sixty
(60) days prior to commencement of operation.
1. The odor control plan shall contain the
following:
A. A listing of all sources of odor
emissions and description of how odors are currently being
controlled;
B. A listing of all
potentially innovative and proven odor control options for reducing odor
emissions. Odor control options may include odor reductions achieved through:
odor prevention, odor capture and treatment, odor dispersion, add-on control
devices, management practices, modifications to feed-stock or waste handling
practices, or process changes;
C. A
detailed discussion of feasible odor control options for odor emissions. The
discussion shall include options determined to be infeasible. Determination of
infeasibili-ty should be well documented and based on physical, chemical, and
engineering principles demonstrating that technical difficulties would preclude
the success of the control option;
D. A ranking of feasible odor control options
from most to least effective. Ranking factors shall include odor control
effectiveness, expected odor reduction, energy impacts, and economic
impacts;
E. An evaluation of the
most effective odor control options. Energy, environmental, and economic
impacts shall be evaluated on a case-by-case basis;
F. Description of the odor control options to
be implemented to reduce odor emissions;
G. A schedule for implementation. The
schedule shall establish interim milestones in implementing the odor control
plan prior to the implementation deadline if the plan is not implemented at one
time; and
H. An odor monitoring
plan.
2. The Missouri
Department of Natural Resources' Air Pollution Control Program shall review and
approve or disapprove the odor control plan.
A. After the program receives an odor control
plan, they shall perform a completeness review. Within thirty (30) days of
receipt, the program shall notify the plan originator if the plan contains all
the elements of a complete odor control plan. If found incomplete, the program
shall provide the originator a written explanation of the plan's
deficiencies.
B. Within sixty (60)
days after determining an odor control plan submittal is deemed complete, the
program shall approve or disapprove the plan. During this sixty (60)-day
technical review period, the program may request additional information needed
for review. If the plan is disapproved, the program shall give the plan
originator a written evaluation explaining the reason(s) for
disapproval.
(B) Existing odor control plans shall be
amended within thirty (30) calendar days of either-
1. A determination by the staff director that
there has been a violation of any requirement of this rule; or
2. A determination by the staff director that
an amended odor control plan is necessary to address recurring odor
emissions.
(4) Reporting and Record Keeping. Odor
control plans shall be reviewed and updated as necessary a minimum of every
five (5) years from the date last approved or when a modification occurs. In
lieu of a full plan update, a letter may be provided to the department stating
that a review was performed and the existing odor control plan is adequate.
This review letter or odor control plan update shall be due to the department
six (6) months before the current odor control plan expires or at least thirty
(30) days prior to the modification occurring with the following provisions:
(A) All existing odor control plans shall be
updated by March 31, 2011; and
(B)
Any person may petition the department to be removed from the odor control plan
requirement based on documentation that the odor source has been
removed.
(5) Test
Methods. Measurements shall be made with a Nasal Ranger as manufactured by St.
Croix Sensory Inc. or by a similar instrument or technique that will give
substantially similar results, or as approved by the department.
*Original authority: 643.050, RSMo 1965, amended 1972,
1992, 1993, 1995.
