Missouri Statute | Act | Code |Additional Executive Departments| US Code - US Statute

This chapter shall be known and may be cited as the "Missouri
Air Conservation Law". (L. 1965 p. 335 § 1)

*Transferred 1986; formerly 203.010

When used in this chapter and in standards, rules and
regulations promulgated under authority of this chapter, the following
words and phrases mean:

(1) "AHERA", Asbestos Hazard Emergency Response Act of 1986 (P.L. 99-519);

(2) "Abatement project designer", an individual who designs or plans
AHERA asbestos abatement;

(3) "Air cleaning device", any method, process, or equipment which
removes, reduces, or renders less obnoxious air contaminants discharged
into ambient air;

(4) "Air contaminant", any particulate matter or any gas or vapor or any
combination thereof;

(5) "Air contaminant source", any and all sources of air contaminants
whether privately or publicly owned or operated;

(6) "Air pollution", the presence in the ambient air of one or more air
contaminants in quantities, of characteristics and of a duration which
directly and proximately cause or contribute to injury to human, plant,
or animal life or health or to property or which unreasonably interferes
with the enjoyment of life or use of property;

(7) "Ambient air", all space outside of buildings, stacks, or exterior
ducts;

(8) "Area of the state", any geographical area designated by the
commission;

(9) "Asbestos", the asbestiform varieties of chrysotile, crocidolite,
amosite, anthophyllite, tremolite and actinolite;

(10) "Asbestos abatement", the encapsulation, enclosure or removal of
asbestos containing materials in or from a building or air contaminant
source, or preparation of friable asbestos containing material prior to
demolition;

(11) "Asbestos abatement contractor", any person who by agreement,
contractual or otherwise, conducts asbestos abatement projects at a
location other than his own place of business;

(12) "Asbestos abatement projects", an activity undertaken to
encapsulate, enclose or remove ten square feet or sixteen linear feet or
more of friable asbestos containing materials from buildings and other
air contaminant sources, or to demolish buildings and other air
contaminant sources containing ten square feet or sixteen linear feet or
more;

(13) "Asbestos abatement supervisor", an individual who directs,
controls, or supervises others in asbestos abatement projects;

(14) "Asbestos abatement worker", an individual who engages in asbestos
abatement projects;

(15) "Asbestos air sampling professional", an individual who by
qualifications and experience is proficient in asbestos abatement air
monitoring. The individual shall conduct, oversee or be responsible for
air monitoring of asbestos abatement projects before, during and after
the project has been completed;

(16) "Asbestos air sampling technician", an individual who has been
trained by an air sampling professional to do air monitoring. Such
individual conducts air monitoring of an asbestos abatement project
before, during and after the project has been completed;

(17) "Asbestos containing material", any material or product which
contains more than one percent asbestos, by weight;

(18) "Class A source", either a class A1, A2 or A3 source as defined in
this section;

(19) "Class A1 source", any air contaminant source with the potential to
emit equal to or greater than one hundred tons per year of an air
contaminant;

(20) "Class A2 source", any air contaminant source, which is not a class
A1 source, and with the potential, air cleaning devices not considered,
to emit equal to or greater than one hundred tons per year of an air
contaminant;

(21) "Class A3 source", any air contaminant source which emits or has the
potential to emit, ten tons per year or more of any hazardous air
pollutant or twenty-five tons of any combination of hazardous air
pollutants, or as defined pursuant to section 112 of the federal Clean
Air Act, as amended, 42 U.S.C. 7412;

(22) "Class B source", any air contaminant source with the potential, air
cleaning devices not considered, to emit equal to or greater than the de
minimis amounts of an air contaminant established by the commission, but
not a class A source;

(23) "Commission", the air conservation commission of the state of
Missouri created in section 643.040;

(24) "Competent person", as defined in the United States Occupational
Safety and Health Administration's (OSHA) standard 29 CFR 1926.58 (b).
Such person shall also be a certified asbestos abatement supervisor;

(25) "Conference, conciliation and persuasion", a process of verbal or
written communications consisting of meetings, reports, correspondence or
telephone conferences between authorized representatives of the
department and the alleged violator. The process shall, at a minimum,
consist of one offer to meet with the alleged violator tendered by the
department. During any such meeting, the department and the alleged
violator shall negotiate in good faith to eliminate the alleged violation
and shall attempt to agree upon a plan to achieve compliance;

(26) "De minimis source", any air contaminant source with a potential to
emit an air contaminant, air cleaning devices not considered, less than
that established by the commission as de minimis for the air contaminant;

(27) "Department", the department of natural resources of the state of
Missouri;

(28) "Director", the director of the department of natural resources;

(29) "Emergency asbestos project", an asbestos project that must be
undertaken immediately to prevent imminent, severe, human exposure or to
restore essential facility operation;

(30) "Emission", the discharge or release into the atmosphere of one or
more air contaminants;

(31) "Emission control regulations", limitations on the emission of air
contaminants into the ambient air;

(32) "Friable asbestos containing material", any asbestos containing
material which is applied to ceilings, walls, structural members, piping,
ductwork or any other part of a building or other air contaminant sources
and which, when dry, may be crumbled, pulverized or reduced to powder by
hand pressure;

(33) "Inspector", an individual, under AHERA, who collects and
assimilates information used to determine whether asbestos containing
material is present in a building or other air contaminant sources;

(34) "Management planner", an individual, under AHERA, who devises and
writes plans for asbestos abatement;

(35) "Minor violation", a violation which possesses a small potential to
harm the environment or human health or cause pollution, was not
knowingly committed, and is not defined by the United States
Environmental Protection Agency as other than minor;

(36) "Nonattainment area", any area designated by the governor as a
"nonattainment area" as defined in the federal Clean Air Act, as amended,
42 U.S.C. 7501;

(37) "Person", any individual, partnership, copartnership, firm, company,
or public or private corporation, association, joint stock company,
trust, estate, political subdivision, or any agency, board, department,
or bureau of the state or federal government, or any other legal entity
whatever which is recognized by law as the subject of rights and duties;

(38) "Small business", for the purpose of sections 643.010 to 643.190, a
small business shall include any business regulated under this chapter,
which is not a class A source and which employs less than one hundred
people and emits less than fifty tons of any regulated pollutant per year
and less than seventy-five tons of all regulated pollutants or as
otherwise defined by the commission by rule. (L. 1965 p. 335 § 2, A.L.
1972 H.B. 1184, A.L. 1988 H.B. 1187, A.L. 1989 H.B. 77, et al., A.L. 1992
S.B. 544, A.L. 1993 S.B. 80, et al., A.L. 1994 S.B. 590)

*Transferred 1986; formerly 203.020

The discharge into the ambient air of air contaminants so as to
cause or contribute to air pollution is contrary to the public policy of
Missouri and in violation of this chapter. It is the intent and purpose
of this chapter to maintain purity of the air resources of the state to
protect the health, general welfare and physical property of the people,
maximum employment and the full industrial development of the state. The
commission shall seek the accomplishment of this objective through the
prevention, abatement and control of air pollution by all practical and
economically feasible methods. (L. 1965 p. 335 § 3)

*Transferred 1986; formerly 203.030

1. There is created hereby an air pollution control agency to be
known as the "Air Conservation Commission of the State of Missouri",
whose domicile for the purposes of sections 643.010 to 643.190 is the
department of natural resources of the state of Missouri. The commission
shall consist of seven members appointed by the governor, with the advice
and consent of the senate. No more than four of the members shall belong
to the same political party and no two members shall be a resident of and
domiciled in the same senatorial district. At the first meeting of the
commission and at yearly intervals thereafter, the members shall select
from among themselves a chairman and a vice chairman.

2. All members shall be representative of the general interest of the
public and shall have an interest in and knowledge of air conservation
and the effects and control of air contaminants. At least three of such
members shall represent agricultural, industrial and labor interests,
respectively. The governor shall not appoint any other person who has a
substantial interest as defined in section 105.450, RSMo, in any business
entity regulated under this chapter or any business entity which would be
regulated under this chapter if located in Missouri. The commission shall
establish rules of procedure which specify when members shall exempt
themselves from participating in discussions and from voting on issues
before the commission due to potential conflict of interest.

3. The members' terms of office shall be four years and until their
successors are selected and qualified, except that the terms of those
first appointed shall be staggered to expire at intervals of one, two and
three years after the date of appointment as designated by the governor
at the time of appointment. There is no limitation of the number of terms
any appointed member may serve. If a vacancy occurs the governor may
appoint a member for the remaining portion of the unexpired term created
by the vacancy. The governor may remove any appointed member for cause.
The members of the commission shall be reimbursed for travel and other
expenses actually and necessarily incurred in the performance of their
duties.

4. The commission shall hold at least nine regular meetings each year and
such additional regular meetings as the chairman deems desirable at a
place and time to be fixed by the chairman. Special meetings may be
called by three members of the commission upon delivery of written notice
to each member of the commission. Reasonable written notice of all
meetings shall be given to all members of the commission. Four members of
the commission shall constitute a quorum. All powers and duties conferred
upon members of the commission shall be exercised personally by the
members and not by alternates or representatives. All actions of the
commission shall be taken at meetings open to the public, except as
provided in chapter 610, RSMo. Any member absent from four regular
commission meetings per calendar year for any cause whatsoever shall be
deemed to have resigned and the vacancy shall be filled immediately in
accordance with subsection 1 and subsection 3 of this section. (L. 1965
p. 335 § 4, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544, A.L. 1994 S.B. 590,
A.L. 1998 H.B. 1601, et al.)

*Transferred 1986; formerly 203.040

1. In addition to any other powers vested in it by law the
commission shall have the following powers:

(1) Adopt, promulgate, amend and repeal rules and regulations consistent
with the general intent and purposes of sections 643.010 to 643.190,
chapter 536, RSMo, and Titles V and VI of the federal Clean Air Act, as
amended, 42 U.S.C. 7661, et seq., including but not limited to:

(a) Regulation of use of equipment known to be a source of air
contamination;

(b) Establishment of maximum quantities of air contaminants that may be
emitted from any air contaminant source; and

(c) Regulations necessary to enforce the provisions of Title VI of the
Clean Air Act, as amended, 42 U.S.C. 7671, et seq., regarding any Class I
or Class II substances as defined therein;

(2) After holding public hearings in accordance with section 643.070,
establish areas of the state and prescribe air quality standards for such
areas giving due recognition to variations, if any, in the
characteristics of different areas of the state which may be deemed by
the commission to be relevant;

(3) (a) To require persons engaged in operations which result in air
pollution to monitor or test emissions and to file reports containing
information relating to rate, period of emission and composition of
effluent;

(b) Require submission to the director for approval of plans and
specifications for any article, machine, equipment, device, or other
contrivance specified by regulation the use of which may cause or control
the issuance of air contaminants; but any person responsible for
complying with the standards established under sections 643.010 to
643.190 shall determine, unless found by the director to be inadequate,
the means, methods, processes, equipment and operation to meet the
established standards;

(4) Hold hearings upon appeals from orders of the director or from any
other actions or determinations of the director hereunder for which
provision is made for appeal, and in connection therewith, issue
subpoenas requiring the attendance of witnesses and the production of
evidence reasonably relating to the hearing;

(5) Enter such order or determination as may be necessary to effectuate
the purposes of sections 643.010 to 643.190. In making its orders and
determinations hereunder, the commission shall exercise a sound
discretion in weighing the equities involved and the advantages and
disadvantages to the person involved and to those affected by air
contaminants emitted by such person as set out in section 643.030. If any
small business, as defined by section 643.020, requests information on
what would constitute compliance with the requirements of sections
643.010 to 643.190 or any order or determination of the department or
commission, the department shall respond with written criteria to inform
the small business of the actions necessary for compliance. No
enforcement action shall be undertaken by the department or commission
until the small business has had a period of time, negotiated with the
department, to achieve compliance;

(6) Cause to be instituted in a court of competent jurisdiction legal
proceedings to compel compliance with any final order or determination
entered by the commission or the director;

(7) Settle or compromise in its discretion, as it may deem advantageous
to the state, any suit for recovery of any penalty or for compelling
compliance with the provisions of any rule;

(8) Develop such facts and make such investigations as are consistent
with the purposes of sections 643.010 to 643.190, and, in connection
therewith, to enter or authorize any representative of the department to
enter at all reasonable times and upon reasonable notice in or upon any
private or public property for the purpose of inspecting or investigating
any condition which the commission or director shall have probable cause
to believe to be an air contaminant source. The results of any such
investigation shall be reduced to writing, and a copy thereof shall be
furnished to the owner or operator of the property. No person shall
refuse entry or access, requested for purposes of inspection under this
provision, to an authorized representative of the department who presents
appropriate credentials, nor obstruct or hamper the representative in
carrying out the inspection. A suitably restricted search warrant, upon a
showing of probable cause in writing and upon oath, shall be issued by
any judge having jurisdiction to any such representative for the purpose
of enabling him to make such inspection;

(9) Secure necessary scientific, technical, administrative and
operational services, including laboratory facilities, by contract or
otherwise, with any educational institution, experiment station, or any
board, department, or other agency of any political subdivision or state
or the federal government;

(10) Classify and identify air contaminants; and

(11) Hold public hearings as required by sections 643.010 to 643.190.

2. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo.

3. The commission shall have the following duties with respect to the
prevention, abatement and control of air pollution:

(1) Prepare and develop a general comprehensive plan for the prevention,
abatement and control of air pollution;

(2) Encourage voluntary cooperation by persons or affected groups to
achieve the purposes of sections 643.010 to 643.190;

(3) Encourage political subdivisions to handle air pollution problems
within their respective jurisdictions to the extent possible and
practicable and provide assistance to political subdivisions;

(4) Encourage and conduct studies, investigations and research;

(5) Collect and disseminate information and conduct education and
training programs;

(6) Advise, consult and cooperate with other agencies of the state,
political subdivisions, industries, other states and the federal
government, and with interested persons or groups;

(7) Represent the state of Missouri in all matters pertaining to
interstate air pollution including the negotiations of interstate
compacts or agreements.

4. Nothing contained in sections 643.010 to 643.190 shall be deemed to
grant to the commission or department any jurisdiction or authority with
respect to air pollution existing solely within commercial and industrial
plants, works, or shops or to affect any aspect of employer-employee
relationships as to health and safety hazards.

5. Any information relating to secret processes or methods of manufacture
or production discovered through any communication required under this
section shall be kept confidential. (L. 1965 p. 335 § 5, A.L. 1972 H.B.
1184, A.L. 1992 S.B. 544, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

*Transferred 1986; formerly 203.050

1. Other provisions of law notwithstanding, the Missouri air
conservation commission shall have the authority to promulgate rules and
regulations, pursuant to chapter 536, RSMo, to establish standards and
guidelines to ensure that the state of Missouri is in compliance with the
provisions of the federal Clean Air Act, as amended (42 U.S.C. Section
7401, et seq.). The standards and guidelines so established shall not be
any stricter than those required under the provisions of the federal
Clean Air Act, as amended; nor shall those standards and guidelines be
enforced in any area of the state prior to the time required by the
federal Clean Air Act, as amended. The restrictions of this section shall
not apply to the parts of a state implementation plan developed by the
commission to bring a nonattainment area into compliance and to maintain
compliance when needed to have a United States Environmental Protection
Agency approved state implementation plan. The determination of which
parts of a state implementation plan are not subject to the restrictions
of this section shall be based upon specific findings of fact by the air
conservation commission as to the rules, regulations and criteria that
are needed to have a United States Environmental Protection Agency
approved plan.

2. The Missouri air conservation commission shall also have the authority
to grant exceptions and variances from the rules set under subsection 1
of this section when the person applying for the exception or variance
can show that compliance with such rules:

(1) Would cause economic hardship; or

(2) Is physically impossible; or

(3) Is more detrimental to the environment than the variance would be; or

(4) Is impractical or of insignificant value under the existing
conditions. (L. 1979 S.B. 21 § 1, A.L. 1992 S.B. 544, A.L. 1994 S.B. 590)

*Transferred 1986; formerly 203.055

In addition to any other powers vested by law, the director
shall have the following powers and duties:

(1) Retain, employ, provide for, and compensate, within appropriations
available therefor, such consultants, assistants, deputies, clerks, and
other employees on a full- or part-time basis as may be necessary to
carry out the provisions of sections 643.010 to 643.190 and prescribe the
times at which they shall be appointed and their powers and duties;

(2) Accept, receive and administer grants or other funds or gifts from
public and private agencies including the federal government for the
purpose of carrying out any of the functions of sections 643.010 to
643.190. The director shall apply for all available grants and funds
authorized and distributed pursuant to Title XI of the federal Clean Air
Act, as amended, 29 U.S.C. 1662e, for training, assistance and payments
to eligible individuals. The director shall report annually to the
governor and the general assembly, the amount of revenue received under
Title XI of the Clean Air Act and the distribution of such funds to
eligible persons. Funds received by the director pursuant to this section
shall be deposited with the state treasurer and held and disbursed by him
in accordance with the appropriations of the general assembly. The
director is authorized to enter into contracts as he may deem necessary
for carrying out the provisions of sections 643.010 to 643.190;

(3) Budget and receive duly appropriated moneys for expenditures to carry
out the provisions and purposes of sections 643.010 to 643.190;

(4) Administer and enforce sections 643.010 to 643.190, investigate
complaints, issue orders and take all actions necessary to implement
sections 643.010 to 643.190;

(5) Receive and act upon reports, plans, specifications and applications
submitted under rules promulgated by the commission. Any person aggrieved
by any action of the director under this provision shall be entitled to a
hearing before the commission as provided in section 643.080. The
commission may sustain, reverse, or modify any action of the director
taken under this provision, or make such other order as the commission
shall deem appropriate under the circumstances. (L. 1965 p. 335 § 6, A.L.
1972 H.B. 1184, A.L. 1992 S.B. 544)

*Transferred 1986; formerly 203.060

1. The commission shall adopt rules pursuant to chapter 536,
RSMo. The commission shall notify any air pollution control agency with a
certificate of authority which may be affected by the rule and any person
who has previously requested notice when the proposed rulemaking is
submitted to the secretary of state for publication in the Missouri
Register. In addition, any interested persons, whether or not heard, may
submit, within seven days subsequent to the hearings, a written statement
of their views. The commission may solicit the views, in writing, of
persons who may be affected by, or interested in, proposed rules and
regulations, or standards. Any person heard or represented at the hearing
or making written request for notice shall be given written notice of the
action of the commission with respect to the subject thereof.

2. Rules shall be approved after public hearing and shall be approved in
writing by at least four members of the commission.

3. Any rule or any amendment or repeal thereof which is adopted by the
commission may differ in its terms and provisions for particular types
and conditions of air pollution or air contamination, for particular air
contaminant sources, and for particular areas of the state. (L. 1965 p.
335 § 7, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544, A.L. 1993 S.B. 52)

*Transferred 1986; formerly 203.070

1. The commission shall establish, by rule, a procedure for the
orderly submission of applications for an operating permit by those
regulated air contaminant sources in operation on August 28, 1992, and
procedures for the issuance of operating permits. Any person who operates
an air contaminant source on or after August 28, 1992, shall submit to
the department, with the application, payment of a one hundred-dollar fee
with the request for the approval of an operating permit.

2. Any person who wishes to construct or modify and operate any regulated
air contaminant source shall submit an application to the department. The
commission shall establish, by rule, procedures for the orderly
submission of applications for those persons that wish to construct or
modify and operate any regulated air contaminant source and procedures
for the issuance of a permit to construct or modify and operate. The
department shall review applications within the time period established
in sections 643.075 and 643.078 or under section 502 of the federal Clean
Air Act, as amended, 42 U.S.C. 7661, as appropriate, unless an extension
is requested by the applicant and approved by the director. Each
applicant must obtain both a construction permit and an operating permit
but the department shall establish a unified review, hearing and approval
process. The holder of a valid operating permit shall have operational
flexibility to make changes to any air contaminant source under the
provisions of subsection 14 of section 643.078 without submitting an
application for an operating permit under this section. (L. 1992 S.B. 544)

1. It shall be unlawful for any person to commence construction
of any air contaminant source in this state, without a permit therefor,
if such source is of a class fixed by regulation of the commission which
requires a permit therefor.

2. Every source required to obtain a construction permit shall make
application therefor to the department and shall submit therewith such
plans and specifications as prescribed by rule. The director shall
promptly investigate each application and if he determines that the
source meets and will meet the requirements of sections 643.010 to
643.190 and the rules promulgated pursuant thereto, he shall issue a
construction permit with such conditions as he deems necessary to ensure
that the source will meet the requirements of sections 643.010 to 643.190
and the rules. An application submitted for the construction or
modification and operation of any regulated air contaminant source shall
receive a unified construction and operating permit review process under
section 643.078, unless the applicant requests in writing that the
construction and operating permits be reviewed separately. If the
director determines that the source does not meet or will not meet the
requirements of sections 643.010 to 643.190 and the rules promulgated
pursuant thereto, he shall deny the construction permit.

3. Before issuing a construction permit to build or modify an air
contaminant source the director shall determine if the ambient air
quality standards in the vicinity of the source are being exceeded and
shall determine the impact on the ambient air quality standards from the
source. The director, in order to effectuate the purposes of sections
643.010 to 643.190, may deny a construction permit if the source will
appreciably affect the air quality or the air quality standards are being
substantially exceeded.

4. The director may require the applicant as a condition to the issuance
of the construction permit to provide and maintain such facilities or to
conduct such tests as are necessary to determine the nature, extent,
quantity or degree of air contaminants discharged into the ambient air
from the proposed source.

5. The director shall act within thirty days after a request for approval
of an application for a construction permit. The director shall render a
decision to approve or deny a construction permit within ninety days of
receipt of a complete application for a class B source and within one
hundred eighty-four days of receipt of a complete application for a class
A source. The director shall promptly notify the applicant in writing of
his action and if the construction permit is denied state the reasons
therefor.

6. Any aggrieved person may appeal any permit decision made under this
section, including failure to render a decision within the time period
established in this section. A notice of appeal shall be filed with the
commission within thirty days of the director's action or within thirty
days from the date by which the decision should have been rendered if the
director has failed to act.

7. (1) There shall be a one hundred-dollar filing fee payable to the
state of Missouri with each application before a construction permit
shall be issued. No manufacturing or processing plant or operating
location or other air contaminant source shall be required to pay more
than one filing fee with a construction permit application. The
provisions of this section shall not apply nor require the issuance of a
permit wherein the proposed construction is that of a private residence.

(2) Upon completion of the department's evaluation of the application,
but before receiving a construction permit, the applicant shall reimburse
the department for all reasonable costs incurred by the department
whether or not a construction permit is issued by the department or
withdrawn by the applicant. If the department fails to approve or deny a
construction permit within the time period specified in this section, the
applicant shall not be required to reimburse the department for the
review of the construction permit application. The commission shall, by
rule, set the hourly charge, not to exceed the actual cost thereof and
not to exceed fifty dollars per hour, for review of each construction
permit application. The commission may exempt any person from payment of
the hourly fees under this subdivision, or may reduce such fees, upon an
appeal filed with the commission by such person stating that the fee will
create an unreasonable economic hardship upon such person. The commission
may conduct a closed meeting and have closed records, as defined in
section 610.010, RSMo, for the purpose of gathering information from the
person filing an appeal for the exemption. Information obtained in this
meeting may be held confidential by the commission upon the request of
the person filing the appeal for exemption. If the fees or any portion of
the fees imposed by this section are not paid within ninety days from the
date of billing there shall be imposed interest upon the unpaid amount at
the rate of ten percent per annum from the date of billing until payment
is actually made. A construction permit application for a portable
facility may include any site at which the portable facility is expected
to be used; however, a separate site permit application shall be required
when the portable facility is used or expected to be used at any site
which is not included in a previously approved construction permit
application. Upon receipt of the application, the applicant shall be
notified by the department of hourly fees and requirements put forth in
this subdivision.

(3) Applicants who withdraw their application before the department
completes its evaluation shall reimburse the department for costs
incurred in the evaluation.

(4) All moneys received pursuant to this section and section 643.073 and
any other moneys so designated shall be placed in the state treasury and
credited to the natural resources protection fund--air pollution permit
fee subaccount, created in section 640.220, RSMo, and shall be expended
for the administration of this section and sections 643.073 and 643.078
and for no other purpose, and shall be used to supplement state general
revenue and federal funds appropriated to the department. After
appropriation, the moneys received pursuant to this section and in such
fund subaccount shall be expended for the administration of this section
and for no other purpose. Any unexpended balance in such fund subaccount
at the end of any appropriation period shall not be transferred to the
general revenue fund of the state treasury and shall be exempt from the
provisions of section 33.080, RSMo. Any interest received on such
deposits shall be credited to the fund subaccount.

8. Any person who obtains a valid permit from a city or county pursuant
to the authority granted in section 643.140 shall be deemed to have met
the requirements of this section and shall not be liable to the
department for construction permit fees imposed pursuant to subsection 7
of this section. (L. 1972 H.B. 1184, A.L. 1988 H.B. 1187, A.L. 1992 S.B.
544)

*Transferred 1986; formerly 203.075

The provisions of sections 643.073, 643.075, 643.078 and 643.079
shall not apply to locomotives or engines used in locomotives engaged in
interstate commerce unless otherwise required under the provisions of the
Federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq. (L. 1992 S.B.
544 § 1)

An operating permit or associated construction permit authorized
pursuant to section 643.073 shall be applicable to an operating source
and such permit or permits shall transfer to any new owner of an
operating source with the change of ownership of said operating source.
(L. 1992 S.B. 544 § 3)

1. It shall be unlawful for any person to operate any regulated
air contaminant source after August 28, 1992, without an operating permit
except as otherwise provided in sections 643.010 to 643.190.

2. At the option of the permit applicant, a single operating permit shall
be issued for a facility having multiple air contaminant sources located
on one or more contiguous tracts of land, excluding public roads,
highways and railroads, under the control of or owned by the permit
holder and operated as a single enterprise.

3. Any person who wishes to construct or modify and operate any regulated
air contaminant source shall submit an application to the department for
the unified review of a construction permit application under section
643.075 and an operating permit application under this section, unless
the applicant requests in writing that the construction and operating
permit applications be reviewed separately. The director shall complete
any unified review within one hundred and eighty days of receipt of the
request for a class B source. For a class A source, the unified review
shall be completed within the time period established in section 502 of
the federal Clean Air Act, as amended, 42 U.S.C. 7661.

4. As soon as the review process is completed for the construction and
operating permits and, if the applicant complies with all applicable
requirements of sections 643.010 to 643.190 and all rules adopted
thereunder, the construction permit shall be issued to the applicant. The
operating permit shall be retained by the department until validated.

5. Within one hundred and eighty days of commencing operations, the
holder of a construction permit shall submit to the director such
information as is necessary to demonstrate compliance with the provisions
of sections 643.010 to 643.190 and the terms and conditions of the
construction permit. The operating permit retained by the department
shall be validated and forwarded to the applicant if the applicant is in
compliance with the terms and conditions of the construction permit and
the terms and conditions of the operating permit. The holder of a
construction permit may request a waiver of the one hundred and eighty
day time period and the director may grant such request by mutual
agreement.

6. If the director determines that an air contaminant source does not
meet the terms and conditions of the construction permit and that the
operation of the source will result in emissions which exceed the limits
established in the construction permit, he shall not validate the
operating permit. If the source corrects the deficiency, the director
shall then validate the operating permit. If the source is unable to
correct the deficiency, then the director and the applicant may, by
mutual agreement, add such terms and conditions to the operating permit
which are deemed appropriate, so long as the emissions from the air
contaminant source do not exceed the limits established in the
construction permit, and the director shall validate the operating
permit. The director may add terms and conditions to the operating permit
which allow the source to exceed the emission limits established in the
construction permit. In such a case, the director shall notify the
affected public and the commission shall, upon request by any affected
person, hold a public hearing upon the revised operating permit
application.

7. Except as provided in subsection 8* of this section, an operating
permit shall be valid for five years from the date of issuance or
validation, whichever is later, unless otherwise revoked or terminated
pursuant to sections 643.010 to 643.190.

8. An applicant for a construction permit for an air contaminant source
with valid operating permit may request that the air contaminant source
be issued a new five-year operating permit. The operating permit would be
issued in the manner and under the conditions provided in sections
643.010 to 643.190 and would supersede any existing operating permit for
the source.

9. The director shall take action within thirty days after a request for
validation of the operating permit and shall render a decision within one
hundred twenty days of receipt of a request for issuance of an operating
permit for a class B source. The director shall render a decision within
the time period established in section 502 of the federal Clean Air Act,
as amended, 42 U.S.C. 7661, for a class A source. Any affected person may
appeal any permit decision, including failure to render a decision within
the time period established in this section, to the commission.

10. The director may suspend, revoke or modify an operating permit for
cause.

11. The director shall not approve an operating permit if he receives an
objection to approval of the permit from the United States Environmental
Protection Agency within the time period specified under Title V of the
Clean Air Act, as amended, 42 U.S.C. 7661, et seq.

12. The director shall enforce all applicable federal rules, standards
and requirements issued under the federal Clean Air Act, as amended, 42
U.S.C. 7661, et seq., and shall incorporate such applicable standards and
any limitations established pursuant to Title III into operating permits
as required under Title V of the federal Clean Air Act, as amended, 42
U.S.C. 7661, et seq.

13. Applicable standards promulgated by the commission by rule shall be
incorporated by the director into the operating permit of any air
contaminant source which has, on the effective date of the rule, at least
three years remaining before renewal of its operating permit. If less
than three years remain before renewal of the source's operating permit,
such applicable standards shall be incorporated into the permit unless
the permit contains a shield from such new requirements consistent with
Title V of the federal Clean Air Act, as amended, 42 U.S.C. 7661, et seq.

14. The holder of a valid operating permit shall have operational
flexibility to make changes to any air contaminant source, if the changes
will not result in air contaminant emissions in excess of those
established in the operating permit or result in the emissions of any air
contaminant not previously emitted without obtaining a modification of
the operating permit provided such changes are consistent with Section
502(b)(10) of the federal Clean Air Act, as amended, 42 U.S.C. 7661.

15. An air contaminant source with a valid operating permit which submits
a complete application for a permit renewal at least six months prior to
the expiration of the permit shall be deemed to have a valid operating
permit until the director acts upon its permit application. The director
shall promptly notify the applicant in writing of his action on the
application and if the operating permit is not issued state the reasons
therefor.

16. The applicant may appeal to the commission if an operating permit is
not issued or may appeal any condition, suspension, modification or
revocation of any permit by filing notice of appeal with the commission
within thirty days of the notice of the director's response to the
request for issuance of the operating permit.

17. Any person who obtains a valid operating permit from a city or county
pursuant to the authority granted in section 643.140 shall be deemed to
have met the requirements of this section. (L. 1992 S.B. 544)

*"Subsection 7" appears in original rolls, but apparently the reference
should be to subsection 8.

1. Any air contaminant source required to obtain a permit issued
under sections 643.010 to 643.190 shall pay annually beginning April 1,
1993, a fee as provided herein. For the first year the fee shall be
twenty-five dollars per ton of each regulated air contaminant emitted.
Thereafter, the fee shall be annually set by the commission by rule and
shall be at least twenty-five dollars per ton of regulated air
contaminant emitted but not more than forty dollars per ton of regulated
air contaminant emitted in the previous calendar year. The fee shall be
set at an amount consistent with the need to fund the reasonable cost of
administering sections 643.010 to 643.190, taking into account other
moneys received pursuant to sections 643.010 to 643.190. For the purpose
of determining the amount of air contaminant emissions on which the fees
authorized under this section are assessed, a facility shall be
considered one source under the definition of subsection 2 of section
643.078, except that a facility with multiple operating permits shall pay
the emission fees authorized under this section separately for air
contaminants emitted under each individual permit.

2. A source which produces charcoal from wood shall pay an annual
emission fee under this subsection in lieu of the fee established in
subsection 1 of this section. The fee shall be based upon a maximum fee
of twenty-five dollars per ton and applied upon each ton of regulated air
contaminant emitted for the first four thousand tons of each contaminant
emitted in the amount established by the commission pursuant to
subsection 1 of this section, reduced according to the following schedule:

(1) For fees payable under this subsection in the years 1993 and 1994,
the fee shall be reduced by one hundred percent;

(2) For fees payable under this subsection in the years 1995, 1996 and
1997, the fee shall be reduced by eighty percent;

(3) For fees payable under this subsection in the years 1998, 1999 and
2000, the fee shall be reduced by sixty percent.

3. The fees imposed in subsection 2 of this section shall not be imposed
or collected after the year 2000 unless the general assembly reimposes
the fee.

4. Each air contaminant source with a permit issued under sections
643.010 to 643.190 shall pay the fee for the first four thousand tons of
each regulated air contaminant emitted each year but no air contaminant
source shall pay fees on total emissions of regulated air contaminants in
excess of twelve thousand tons in any calendar year. A permitted air
contaminant source which emitted less than one ton of all regulated
pollutants shall pay a fee equal to the amount per ton set by the
commission. An air contaminant source which pays emission fees to a
holder of a certificate of authority issued pursuant to section 643.140
may deduct such fees from any amount due under this section. The fees
imposed in this section shall not be applied to carbon oxide emissions.
The fees imposed in subsection 1 and this subsection shall not be applied
to sulfur dioxide emissions from any Phase I affected unit subject to the
requirements of Title IV, Section 404, of the federal Clean Air Act, as
amended, 42 U.S.C. 7651, et seq., any sooner than January 1, 2000. The
fees imposed on emissions from Phase I affected units shall be consistent
with and shall not exceed the provisions of the federal Clean Air Act, as
amended, and the regulations promulgated thereunder. Any such fee on
emissions from any Phase I affected unit shall be reduced by the amount
of the service fee paid by that Phase I affected unit pursuant to
subsection 8 of this section in that year. Any fees that may be imposed
on Phase I sources shall follow the procedures set forth in subsection 1
and this subsection and shall not be applied retroactively.

5. Moneys collected under this section shall be transmitted to the
director of revenue for deposit in appropriate subaccounts of the natural
resources protection fund created in section 640.220, RSMo. A subaccount
shall be maintained for fees paid by air contaminant sources which are
required to be permitted under Title V of the federal Clean Air Act, as
amended, 42 U.S.C. Section 7661, et seq., and used, upon appropriation,
to fund activities by the department to implement the operating permits
program authorized by Title V of the federal Clean Air Act, as amended.
Another subaccount shall be maintained for fees paid by air contaminant
sources which are not required to be permitted under Title V of the
federal Clean Air Act as amended, and used, upon appropriation, to fund
other air pollution control program activities. Another subaccount shall
be maintained for service fees paid under subsection 8 of this section by
Phase I affected units which are subject to the requirements of Title IV,
Section 404, of the federal Clean Air Act Amendments of 1990, as amended,
42 U.S.C. 7651, and used, upon appropriation, to fund air pollution
control program activities. The provisions of section 33.080, RSMo, to
the contrary notwithstanding, moneys in the fund shall not revert to
general revenue at the end of each biennium. Interest earned by moneys in
the subaccounts shall be retained in the subaccounts. The per-ton fees
established under subsection 1 of this section may be adjusted annually,
consistent with the need to fund the reasonable costs of the program, but
shall not be less than twenty-five dollars per ton of regulated air
contaminant nor* more than forty dollars per ton of regulated air
contaminant. The first adjustment shall apply to moneys payable on April
1, 1994, and shall be based upon the general price level for the twelve-
month period ending on August thirty-first of the previous calendar year.

6. The department may initiate a civil action in circuit court against
any air contaminant source which has not remitted the appropriate fees
within thirty days. In any judgment against the source, the department
shall be awarded interest at a rate determined pursuant to section
408.030, RSMo, and reasonable attorney's fees. In any judgment against
the department, the source shall be awarded reasonable attorney's fees.

7. The department shall not suspend or revoke a permit for an air
contaminant source solely because the source has not submitted the fees
pursuant to this section.

8. Any Phase I affected unit which is subject to the requirements of
Title IV, Section 404, of the federal Clean Air Act, as amended, 42
U.S.C. 7651, shall pay annually beginning April 1, 1993, and terminating
December 31, 1999, a service fee for the previous calendar year as
provided herein. For the first year, the service fee shall be twenty-five
thousand dollars for each Phase I affected generating unit to help fund
the administration of sections 643.010 to 643.190. Thereafter, the
service fee shall be annually set by the commission by rule, following
public hearing, based on an annual allocation prepared by the department
showing the details of all costs and expenses upon which such fees are
based consistent with the department's reasonable needs to administer and
implement sections 643.010 to 643.190 and to fulfill its responsibilities
with respect to Phase I affected units, but such service fee shall not
exceed twenty-five thousand dollars per generating unit. Any such Phase I
affected unit which is located on one or more contiguous tracts of land
with any Phase II generating unit that pays fees under subsection 1 or
subsection 2 of this section shall be exempt from paying service fees
under this subsection. A "contiguous tract of land" shall be defined to
mean adjacent land, excluding public roads, highways and railroads, which
is under the control of or owned by the permit holder and operated as a
single enterprise.

9. The department of natural resources shall determine the fees due
pursuant to this section by the state of Missouri and its departments,
agencies and institutions, including two- and four-year institutions of
higher education. The director of the department of natural resources
shall forward the various totals due to the joint committee on capital
improvements and the directors of the individual departments, agencies
and institutions. The departments, as part of the budget process, shall
annually request by specific line item appropriation funds to pay said
fees and capital funding for projects determined to significantly improve
air quality. If the general assembly fails to appropriate funds for
emissions fees as specifically requested, the departments, agencies and
institutions shall pay said fees from other sources of revenue or funds
available. The state of Missouri and its departments, agencies and
institutions may receive assistance from the small business technical
assistance program established pursuant to section 643.173. (L. 1992 S.B.
544, A.L. 2005 H.B. 824)

*Word "not" appears in original rolls.

1. The director shall investigate alleged violations of sections
643.010 to 643.190 or any rule promulgated hereunder or any term or
condition of any permit and may cause to be made such other
investigations as he shall deem advisable. The department shall assume
the costs of investigation of alleged violations. The identity of the
person who filed the complaint shall be made available consistent with
chapter 610, RSMo, and other provisions, as applicable.

2. If, in the opinion of the director, the investigation yields
reasonable grounds to believe that a violation of section 577.200**,
RSMo, is occurring or has occurred, he shall refer such information to
either or both the attorney general or the county prosecutor of the
county where the violations are alleged to have occurred.

3. If, in the opinion of the director, the investigation discloses that a
violation does exist which would not be a criminal violation, he may by
conference, conciliation and persuasion endeavor to eliminate the
violation.

4. In case of the failure by conference, conciliation and persuasion to
correct or remedy any violation, the director may order abatement,
suspend or revoke a permit, whichever action or actions the director
deems appropriate. The director shall cause to have issued and served
upon the person a written notice of such order together with a copy of
the order, which shall specify the provisions of sections 643.010 to
643.190 or the rule or the condition of the permit of which the person is
alleged to be in violation, and a statement of the manner in, and the
extent to which the person is alleged to be in violation. Service may be
made upon any person within or without the state by registered mail,
return receipt requested. Any person against whom the director issues an
order may appeal the order to the commission within thirty days, and the
appeal shall stay the enforcement of such order until final determination
by the commission. The commission shall set a hearing on a day not less
than thirty days after the date of the request. The commission may
sustain, reverse, or modify the director's order, or make such other
order as the commission deems appropriate under the circumstances. If any
order issued by the director is not appealed within the time herein
provided, the order becomes final and may be enforced as provided in
section 643.151.

5. When the commission schedules a matter for hearing, the petitioner on
appeal may appear at the hearing in person or by counsel, and may make
oral argument, offer testimony and evidence or cross-examine witnesses.

6. After due consideration of the record, or upon default in appearance
of the petitioner on the return day specified in the notice given as
provided in subsection 4 of this section, the commission shall issue and
enter the final order, or make such final determination as it shall deem
appropriate under the circumstances, and it shall immediately notify the
petitioner or respondent thereof in writing by certified or registered
mail.

7. Any final order or determination or other final action by the
commission shall be approved in writing by at least four members of the
commission. (L. 1965 p. 335 § 8, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544)

*Transferred 1986; formerly 203.080

**Section 577.200 does not exist.

1. In addition to any other remedy provided by law, upon a
determination by the director that a provision of sections 643.010 to
643.250, or a standard, limitation, order, rule or regulation promulgated
pursuant thereto, or a term or condition of any permit has been violated,
the director may issue an order assessing an administrative penalty upon
the violator under this section. An administrative penalty shall not be
imposed until the director has sought to resolve the violations through
conference, conciliation and persuasion and shall not be imposed for
minor violations of sections 643.010 to 643.250 or minor violations of
any standard, limitation, order, rule or regulation promulgated pursuant
to sections 643.010 to 643.250 or minor violations of any term or
condition of a permit issued pursuant to sections 643.010 to 643.250. If
the violation is resolved through conference, conciliation and
persuasion, no administrative penalty shall be assessed unless the
violation has caused, or has the potential to cause, a risk to human
health or to the environment, or has caused or has potential to cause
pollution, or was knowingly committed, or is defined by the United States
Environmental Protection Agency as other than minor. Any order assessing
an administrative penalty shall state that an administrative penalty is
being assessed under this section and that the person subject to the
penalty may appeal as provided by this section. Any such order that fails
to state the statute under which the penalty is being sought, the manner
of collection or rights of appeal shall result in the state's waiving any
right to collection of the penalty.

2. The commission shall promulgate rules and regulations for the
assessment of administrative penalties. The amount of the administrative
penalty assessed per day of violation for each violation under this
section shall not exceed the amount of the civil penalty specified in
section 643.151. Such rules shall reflect the criteria used for the
administrative penalty matrix as provided for in the Resource
Conservation and Recovery Act, 42 U.S.C. 6928(a), Section 3008(a), and
the harm or potential harm which the violation causes, or may cause, the
violator's previous compliance record, and any other factors which the
department may reasonably deem relevant. An administrative penalty shall
be paid within sixty days from the date of issuance of the order
assessing the penalty. Any person subject to an administrative penalty
may appeal to the commission. Any appeal will stay the due date of such
administrative penalty until the appeal is resolved. Any person who fails
to pay an administrative penalty by the final due date shall be liable to
the state for a surcharge of fifteen percent of the penalty plus ten
percent per annum on any amounts owed. Any administrative or civil
penalty paid pursuant to sections 643.010 to 643.250 shall be handled in
accordance with section 7 of article IX of the state constitution. An
action may be brought in the appropriate circuit court to collect any
unpaid administrative penalty, and for attorney's fees and costs incurred
directly in the collection thereof.

3. An administrative penalty shall not be increased in those instances
where department action, or failure to act, has caused a continuation of
the violation that was a basis for the penalty. Any administrative
penalty must be assessed within two years following the department's
initial discovery of such alleged violation, or from the date the
department in the exercise of ordinary diligence should have discovered
such alleged violation.

4. Any final order imposing an administrative penalty is subject to
judicial review upon the filing of a petition pursuant to section
536.100, RSMo, by any person subject to the administrative penalty.

5. The state may elect to assess an administrative penalty, or, in lieu
thereof, to request that the attorney general or prosecutor file an
appropriate legal action seeking a civil penalty in the appropriate
circuit court. (L. 1991 S.B. 45, A.L. 1992 S.B. 544, A.L. 1993 S.B. 80,
et al.)

1. If the commission or the director finds that a generalized
condition of the ambient air due to meteorological conditions and a
buildup of air contaminants in any portion of this state constitutes or
may constitute an emergency risk to the public health, safety or welfare
of those in the area, the commission or the director shall declare that
an emergency exists and may, with the written approval of the governor,
by order prohibit, restrict or condition all sources of air contaminants
contributing to the emergency condition during such periods of time
necessary to alleviate or lessen the effects of the emergency condition.
The commission shall adopt rules and regulations to implement this
subsection. Orders issued pursuant to this subsection shall be enforced
by the commission and the state and local police and local air
conservation enforcement personnel. Those authorized to enforce such
orders may take such reasonable steps as are required to assure
compliance therewith.

2. In the absence of a generalized condition of air contaminants as
referred to in subsection 1 of this section, and notwithstanding other
provisions of this or any other law to the contrary, if the commission or
the director determines that any person is engaging or may engage in any
activity involving a significant risk of air contamination or is
discharging or causing to be discharged into the ambient air, directly or
indirectly, any air contaminant, and such activity or discharge
constitutes a clear and present danger to the public health or public
welfare or the environment, the commission or the director shall issue a
written cease and desist order to said person to discontinue immediately
such activity or discharge; provided, however, the commission may
countermand such order of the director. If such person, notwithstanding
such order, continues the activity or discharge of such contaminants into
the atmosphere, the commission or the director shall cause to be filed by
the attorney general or other counsel in the name of this state, suit for
a temporary restraining order, temporary injunction, and permanent
injunction. Any such action shall be given precedence over all other
matters pending in the circuit courts. (L. 1965 p. 335 § 8, A.L. 1972
H.B. 1184, A.L. 1992 S.B. 544)

*Transferred 1986; formerly 203.090

1. At any public hearing all testimony taken before the
commission shall be under oath and recorded. The transcript so recorded
shall be made available to any member of the public or to the respondent
or party to any hearing.

2. In any such hearing, any member of the commission or the hearing
officer shall issue in the name of the commission notice of hearing and
subpoenas. Subpoenas shall be issued and enforced as provided in section
536.077, RSMo. The rules of discovery that apply to any civil case apply
to hearings held by the commission.

3. (1) All hearings to promulgate rules and to establish areas of the
state shall be held before at least four members of the commission.

(2) All other hearings may be held before one commission member
designated by the commission chairman or by a hearing officer who shall
be a member of the Missouri bar and shall be appointed by the commission.
The hearing officer or commission member shall preside at the hearing and
hear all evidence and rule on the admissibility of evidence. The hearing
officer or commission member shall make recommended findings of fact and
may make recommended conclusions of law to the commission.

(3) All final orders or determinations or other final actions by the
commission shall be approved in writing by at least four members of the
commission. Any commission member approving in writing any final order or
determination or other final action, who did not attend the hearing,
shall do so only after reviewing all exhibits and reading the entire
transcript. (L. 1965 p. 335 § 9, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544)

*Transferred 1986; formerly 203.100

1. The commission may grant individual variances beyond the
limitations prescribed in this chapter whenever it is found, upon
presentation of adequate proof, that compliance with any provision of
this chapter or any rule, requirement or order of the commission or
director will result in a taking of property without just compensation or
in the closing and elimination of any lawful business, occupation or
activity, without sufficient corresponding benefit or advantage to the
people; except, that no variance shall be granted where the effect of the
variance will permit the continuance of a health hazard; and except,
also, that any variance so granted shall not be so construed as to
relieve the person who receives the variance from any liability imposed
by other law for the commission or maintenance of a nuisance.

2. In determining under what conditions and to what extent a variance may
be granted, the commission shall exercise a wide discretion in weighing
the equities involved and the advantages and disadvantages to the
applicant and to those affected by air contaminants emitted by the
applicant.

3. Variances shall be granted for such period of time and under such
terms and conditions as shall be specified by the commission in its
order. The variance may be extended by affirmative action of the
commission.

4. Any person seeking a variance shall do so by filing a petition for
variance with the director. The director shall promptly investigate the
petition and make a recommendation to the commission as to the
disposition thereof. Upon receiving the recommendation of the director,
if the recommendation is against the granting of a variance, a hearing
shall be held if requested as provided in section 643.100. If the
recommendation of the director is for the granting of a variance, the
commission may do so without a hearing; except, that upon the petition of
any person aggrieved by the granting of the variance, a hearing shall be
held as provided in section 643.100. In any hearing under this section,
however, the burden of proof shall be on the person petitioning for a
variance.

5. Upon failure to comply with the terms and conditions of any variance
as specified by the commission, the variance may be revoked or modified
by the commission after a hearing held upon not less than thirty days'
written notice. The notice shall be served upon all persons who will be
subjected to greater restrictions if the variance is revoked or modified
and all persons who have filed with the director a written request for
notification.

6. The director shall take action within thirty days after a petition has
been filed and shall make a recommendation to grant or deny the petition
for a variance within one hundred twenty days. If the director fails to
make a recommendation within the time period specified, the person
seeking the variance may request a hearing as provided in section
643.100. (L. 1965 p. 335 § 10, A.L. 1992 S.B. 544)

*Transferred 1986; formerly 203.110

The commission shall promptly act upon any request for a hearing
or appeal which is filed pursuant to the provisions of this chapter. The
commission shall cause a hearing to be set within sixty days of a request
for hearing or appeal. The record, which shall consist of a transcript of
all testimony taken, all exhibits, final arguments or briefs of the
parties and recommended findings of fact and conclusions of law if
required of a designated commission member or hearing officer pursuant to
subsection 3 of section 643.100, shall be submitted to the commission
within sixty days after the hearing. The commission shall render a
decision within sixty days after the submission of the record. The time
limitations in this section may be shortened or enlarged by consent of
the parties and the commission as justice may require. A party aggrieved
by unreasonable delay on the part of the commission or member or hearing
officer designated to conduct the proceedings may file an action in the
circuit court of Cole County to compel the completion of the
administrative proceedings and a final decision by the commission and to
recover from the commission all attorney fees reasonably incurred as a
result of the delay. (L. 1965 p. 335 § 11, A.L. 1972 H.B. 1184, A.L. 1988
H.B. 1187, A.L. 1992 S.B. 544)

*Transferred 1986; formerly 203.120

All final orders or determinations of the commission or the
director hereunder shall be subject to judicial review pursuant to the
provisions of sections 536.100 to 536.140, RSMo. No judicial review shall
be available hereunder, however, unless and until all administrative
remedies are exhausted. (L. 1965 p. 335 § 12, A.L. 1992 S.B. 544)

*Transferred 1986; formerly 203.130

1. Except as provided under this section, the legislature does
not intend by the provisions of sections 643.010 to 643.190 to occupy the
field by preemption. Subject to the provisions of this section, any city
or county of this state is empowered, notwithstanding any limitation or
provision of law to the contrary, to enact and enforce ordinances or
orders which are consistent with the provisions of sections 643.010 to
643.190 and applicable rules promulgated hereunder. Any constitutional or
special charter county or city and any first or second class county or
city may apply to the commission for a certificate of authority to
operate its own permit and variance program within the boundaries of such
county or city. The commission may grant such certificate, after public
hearing, if it determines that such action advances the policy of
sections 643.010 to 643.190. Any county which has such a certificate of
authority may enforce its air pollution control regulations, and permit
and variance procedures, in cities within such county and such cities
will not be entitled to such a certificate of authority.

2. Any city or county with a certificate of authority may issue permits
and variances subject to the requirements of sections 643.010 to 643.190,
and rules of the commission and subject to renewal as provided herein.
Any city or county which issues a permit or variance under this section
shall within fifteen days notify the commission of such issuance and
forward copies of all applications, evidence, and other information
relating thereto. Within thirty days after receipt thereof, the director
shall approve or disapprove such permit or variance, or shall request
from the applicant such additional information as he deems necessary or
shall refer the permit or variance to the commission for a hearing
thereon. In the event of disapproval the applicant, an affected person or
the holder of a certificate or other affected public authority may
request a public hearing within thirty days. After such hearing, the
commission may affirm, reverse, modify or amend the permit or variance in
any way, or issue such other order as in its judgment will advance the
policy of sections 643.010 to 643.190.

3. A final permit or variance issued by the holder of a certificate of
authority shall serve as a permit or variance granted by the commission
under sections 643.010 to 643.190.

4. The commission may enforce the provisions of sections 643.010 to
643.190 and its rules promulgated thereunder in any city or county with a
certificate of authority.

5. Constitutional charter counties and cities above seventy-five thousand
population may enact and enforce ordinances pursuant to the powers
granted them by law, and subject to the provisions of sections 643.010 to
643.190.

6. (1) First class and second class counties may, by resolution of a
majority of the county commission, adopt and enforce the standards, rules
and regulations of the commission for that area of the state as
promulgated under sections 643.010 to 643.190.

(2) The governing bodies of such cities and counties are authorized and
empowered to provide for an air pollution control officer, or may
designate the county health officer, to implement, enforce and carry out
the county air pollution control program. The city or county governing
body and the designated control officer shall have the same powers and
duties as those of the commission and the director, respectively, as
provided in sections 643.010 to 643.190. All final orders or
determinations shall be reviewable under this section and section 643.130
and may be enforced as provided in section 643.151, except that the
prosecuting attorney shall bring action at the request of the city or
county governing body.

7. Third and fourth class counties adjacent to constitutional charter,
first and second class counties holding a certificate of authority, or
adjacent to an air pollution region as hereinafter defined, may, by order
of a majority of the county commission, adopt the rules of the commission
applicable to that area of the state promulgated under sections 643.010
to 643.190. Such rules and regulations may only be enforced by such
counties if a contract and agreement has been entered into for
enforcement of the rules and regulations with an adjacent constitutional
first or second class county holding a certificate of authority.

8. Subject to the provisions of this section and notwithstanding any
limitation or provisions of law to the contrary, any city or county,
through its governing body, may form an air pollution region by entering
into and performing with other political subdivisions of this state such
contracts and agreements as they may deem proper for or concerning the
establishing, planning, operation and financing of an air pollution
control program to accomplish the purposes of sections 643.010 to
643.190; except that such agreement shall be entered into consistent with
the provisions of chapter 70, RSMo.

9. Any certificate of authority issued by the commission to any city or
county prior to August 13, 1972, shall continue in force as a certificate
of authority under this section, subject, however, to revocation as
provided in subsection 10 of this section.

10. If the commission determines at any time after hearing that an
ordinance, order or rule is inconsistent with or is being enforced in a
manner inconsistent with the provisions of sections 643.010 to 643.190 or
any rule hereunder, in any city or county holding a certificate of
authority, the commission may suspend or repeal the certificate of
authority. (L. 1965 p. 335 § 13, A.L. 1967 p. 296, A.L. 1971 H.B. 66,
A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544)

*Transferred 1986; formerly 203.140

1. It is unlawful for any person to cause or permit any air
pollution by emission of any air contaminant from any air contaminant
source located in Missouri, in violation of sections 643.010 to 643.190,
or any rule promulgated by the commission.

2. No person who knows or should know of the existence of such rules may
cause or permit any air pollution by emission of any air contaminant
source located outside Missouri, and which emissions enter Missouri in
excess of the emission control regulations applicable to the portion of
Missouri where the air contaminant enters the state.

3. In the event the commission determines that any provision of sections
643.010 to 643.190, or the rules promulgated hereunder, permits issued,
or any final order or determination made by the commission or the
director is being violated, the commission may cause to have instituted a
civil action in any court of competent jurisdiction for injunctive relief
to prevent any further violation or for the assessment of a penalty not
to exceed ten thousand dollars for each violation per day for each day,
or part thereof, the violation continues to occur, or both, as the court
may deem proper. A civil monetary penalty under this section shall not be
assessed for a violation where an administrative penalty was assessed
under section 643.085. The commission may request the attorney general or
other counsel to bring such action in the name of the people of the state
of Missouri. Process may be served in any manner provided by chapter 506,
RSMo, including but not limited to sections 506.510 and 506.520, RSMo.
Suit may be brought in any county where the defendant's principal place
of business is located or where the air contaminant source is located or
where the air contaminants enter the state of Missouri. Any offer of
settlement to resolve a civil penalty under this section shall be in
writing, shall state that an action for imposition of a civil penalty may
be initiated by the attorney general or a prosecuting attorney
representing the department under authority of this section, and shall
identify any dollar amount as an offer of settlement which shall be
negotiated in good faith through conference, conciliation and persuasion.

4. Any member of the commission or employee thereof who is convicted of
willful disclosure or conspiracy to disclose confidential information to
any person other than one entitled to the information under sections
643.010 to 643.190 is guilty of a class A misdemeanor and upon conviction
thereof shall be punished by a fine of not more than one thousand dollars.

5. No liability shall be imposed upon persons violating the provisions of
sections 643.010 to 643.190 or any rule hereunder due to any violation
caused by an act of God, war, strike, riot or other catastrophe. (L. 1972
H.B. 1184 § 203.150, A.L. 1992 S.B. 544, A.L. 1993 S.B. 80, et al.)

*Transferred 1986; formerly 203.151

1. No officer, agency or department of the state government, or
of any political subdivision of this state shall enter into a contract
with any person required to apply for a permit under the provisions of
sections 643.010 to 643.190 unless such person has applied for or
received a permit or has been granted a variance therefor pursuant to
sections 643.010 to 643.190.

2. No contract shall be entered into by any such governmental authority
with any person who is in contempt of any court order enforcing the
provisions of sections 643.010 to 643.190. (L. 1972 H.B. 1184 § 203.160,
A.L. 1992 S.B. 544)

*Transferred 1986; formerly 203.161

1. Existing civil or criminal remedies for any wrongful action
which is a violation of any part of this chapter or any rule of the
commission promulgated hereunder shall not be excluded or impaired by
sections 643.010 to 643.190.

2. Nothing in sections 643.010 to 643.190 shall be construed to create or
imply a private cause of action for a violation of sections 643.010 to
643.190. A determination by the director, the commission or political
subdivisions under section 643.140 that air pollution or air
contamination exists or that any rule, ordinance or order has been
violated, whether or not a proceeding or action is brought by the state,
shall not create by reason thereof any presumption of law which shall
inure to or be for the benefit of any person other than the state, the
commission or political subdivision. (L. 1965 p. 335 § 15, A.L. 1972 H.B.
1184, A.L. 1992 S.B. 544)

*Transferred 1986; formerly 203.170

1. There is hereby established within the department of natural
resources a "Small Business Technical Assistance Program" which shall
provide support and assistance to small business. To the maximum extent
possible, the program shall be functionally separate from the
department's air pollution enforcement responsibilities. The program
shall advise regulated small business regarding permit application
requirements, applicable provisions of 643.010 to 643.190, and such other
matters affecting small business as deemed appropriate by the committee.
The commission shall establish time frames in which specific classes of
deficiencies, except those affecting public health or the environment,
shall be corrected.

2. The small business technical assistance program shall be advised by a
"Small Business Compliance Advisory Committee" which is hereby created.
One member shall be appointed by the director of the department, two
members shall be appointed by the governor to represent the public and
four owners of small businesses regulated under this chapter shall be
appointed by the general assembly, one each appointed by the majority and
minority leaders of each chamber of the general assembly. No member of
the air conservation commission shall serve as a member of the small
business compliance advisory committee. The term of office shall be four
years except that of those first appointed, one member appointed by the
governor, one member appointed by the senate and one member appointed by
the house of representatives shall be appointed to two-year terms.
Members shall serve until their successors are duly appointed and
qualified and vacancies shall be filled by appointment for the remaining
portion of the unexpired term created by the vacancy. The members shall
be reimbursed for actual and necessary expenses incurred in the
performance of their duties while in attendance at committee meetings.

3. The committee shall:

(1) Receive reports from the ombudsman pursuant to section 643.175;

(2) Evaluate the impact of sections 643.010 to 643.190 and the rules
promulgated thereunder on small business;

(3) Review and assess the impact of enforcement policies on small
business operations in Missouri;

(4) Recommend to the department, the commission and the general assembly,
as appropriate, changes in procedure, in rules or in the law which would
facilitate small business compliance with sections 643.010 to 643.190;

(5) Recommend to the commission rules establishing an expedited review of
modifications for small businesses;

(6) Conduct hearings, determine facts and make investigations consistent
with the purposes of this section. (L. 1992 S.B. 544)

1. There is created within the office of governor a small
business ombudsman who shall:

(1) Monitor the small business technical assistance program established
in section 643.173;

(2) Advise and assist small businesses regulated under sections 643.010
to 643.190;

(3) Recommend to the committee and the commission appropriate changes in
the rules which would facilitate small business compliance with sections
643.010 to 643.190;

(4) Receive and review complaints about the administration of sections
643.010 to 643.190 as such administration affects small business; and

(5) Issue a report with recommendations to the department within one
hundred twenty days of receiving a complaint from a small business. The
department shall take action to remedy the complaint and notify the
ombudsman of its action within thirty days of receipt or submit a written
explanation of its reasons for not complying with the recommendations of
the ombudsman.

2. The small business ombudsman shall be appointed by the governor, with
the advice and consent of the senate for a term of office which shall be
concurrent with that of the governor. The ombudsman may be reappointed. A
vacancy shall be filled for the remainder of the unexpired term. (L. 1992
S.B. 544)

The department of natural resources is hereby designated as the
air pollution agency of the state for all purposes of any federal air
pollution control act and may:

(1) Take all necessary or appropriate action to obtain for the state the
benefits of any federal act;

(2) Apply for and receive federal funds made available under any federal
act;

(3) Approve projects for which loans or grants under any federal act are
made to any municipality or agency of the state;

(4) Participate through its authorized representatives in proceedings
under any federal act and recommend measures for the reduction of air
pollution originating within the state. (L. 1972 H.B. 1184, A.L. 1992
S.B. 544)

*Transferred 1986; formerly 203.190

1. It is unlawful for any person to knowingly violate any
applicable standard, limitation, permit condition or any fee or filing
requirement promulgated pursuant to sections 643.010 to 643.190 or any
rule promulgated thereunder. Any person violating the provisions of this
subsection shall, upon conviction thereof, be subject to a fine of not
more than ten thousand dollars per day of violation or part thereof.

2. It is unlawful for any person to knowingly make a false statement,
representation or certification in any form, in any notice or report
required by a permit or to knowingly render inaccurate any monitoring
device or method required to be maintained by the permitting authority
under sections 643.010 to 643.190. Any person violating the provisions of
this subsection shall, upon conviction thereof, be subject to a fine of
not more than ten thousand dollars for each instance of violation. (L.
1992 S.B. 544 § 577.200)

1. Sources required to file an annual emissions inventory
questionnaire with the department shall submit, with the questionnaire,
an evaluation of the additional costs of doing business attributable to
the federal Clean Air Act, as amended. The source also shall submit an
estimate of the number of jobs reduced or added at each individual
business as a result of compliance with the federal Clean Air Act, as
amended.

2. The department shall tabulate information required to be submitted by
employers under this section into a summary of the costs to the state
attributable to compliance with the federal Clean Air Act, as amended.
The department also shall tabulate the annual changes in air quality
measured by the department and local and county air pollution control
agencies, as required by the federal Clean Air Act, as amended. The
department shall provide an annual report to the commission and the
general assembly beginning on January 1, 1995, which includes a summary
of the information gathered pursuant to this section and the information
required to be reported under subsection 5 of section 643.305. Using
federal estimates if such estimates are available, the department shall
correlate improvements in air quality with avoided health costs. (L. 1992
S.B. 544 § 4, A.L. 1994 S.B. 590)

No rule or portion of a rule promulgated under the authority of
this chapter shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (L. 1988 H.B. 1187 §
1, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

1. The commission shall promulgate rules establishing a
"Missouri Air Emissions Banking and Trading Program" to achieve and
maintain the National Ambient Air Quality Standards established by the
United States Environmental Protection Agency pursuant to the federal
Clean Air Act, 42 U.S.C. 7401, et seq., as amended. In promulgating such
rules, the commission may consider, but not be limited to, inclusion of
provisions concerning the definition and transfer of air emissions
reduction credits or allowances between mobile sources, area sources and
stationary sources, the role of offsets in emissions trading, interstate
and regional emissions trading and the mechanisms necessary to facilitate
emissions trading and banking, including consideration of the authority
of other contiguous states.

2. The program shall:

(1) Not include any provisions prohibited by federal law;

(2) Be applicable to criteria pollutants and their precursors as defined
by the federal Clean Air Act, as amended;

(3) Not allow banked or traded emissions credits to be used to meet
federal Clean Air Act requirements for hazardous air pollutant standards
pursuant to Section 112 of the federal Clean Air Act;

(4) Allow the banking and trading of criteria pollutants that are also
hazardous air pollutants, as defined in Section 112 of the federal Clean
Air Act, to the extent that verifiable emissions reductions achieved are
in excess of those required to meet hazardous air pollutant emissions
standards promulgated pursuant to Section 112 of the federal Clean Air
Act;

(5) Authorize the direct trading of air emission reduction credits or
allowances between nongovernmental parties, subject to the approval of
the department;

(6) Allow net air emission reductions from federally approved permit
conditions to be transferred to other sources for use as offsets required
by the federal Clean Air Act in nonattainment areas to allow construction
of new emission sources; and

(7) Not allow banking of air emission reductions unless they are in
excess of reductions required by state or federal regulations or
implementation plans.

3. The department shall verify, certify or otherwise approve the amount
of an air emissions reduction credit before such credit is banked. Banked
credits may be used, traded, sold or otherwise expended within the same
nonattainment area, maintenance area or air quality modeling domain in
which the air emissions reduction occurred, provided that there will be
no resulting adverse impact of air quality.

4. To be creditable for deposit in the Missouri air emissions bank, a
reduction in air emissions shall be permanent, quantifiable and federally
approved.

5. To be tradeable between air emission sources, air emission reduction
credits shall be based on air emission reductions that occur after August
28, 2001, or shall be credits that exist in the current air emissions
bank.

6. In nonattainment areas, the bank of criteria pollutants and their
precursors shall be reduced by three percent annually for as long as the
area is classified as a nonattainment area. (L. 2001 H.B. 453 merged with
S.B. 374, A.L. 2002 S.B. 984 & 985 merged with S.B. 1163)

1. The provisions of sections 643.225 to 643.250 shall apply to
all asbestos abatement projects. The commission shall promulgate rules
and regulations it deems necessary to implement and administer the
provisions of sections 643.225 to 643.250, including requirements,
procedures and standards relating to asbestos projects, as well as the
authority to require corrective measures to be taken in asbestos
abatement projects as are deemed necessary to protect public health and
the environment. The director shall establish any examinations for
certification required by this section and shall hold such examinations
at times and places as determined by the director.

2. Except as otherwise provided in sections 643.225 to 643.250, no
individual shall engage in an asbestos abatement project, inspection,
management plan, abatement project design or asbestos air sampling unless
the person has been issued a certificate by the director, or by the
commission after appeal, for that purpose.

3. In any application made to the director to obtain such certification
as an inspector, management planner, abatement project designer,
supervisor, contractor or worker from the department, the applicant shall
include his diploma providing proof of successful completion of either a
state accredited or United States Environmental Protection Agency (EPA)
accredited training course as described in section 643.228. In addition,
an applicant for certification as a management planner shall first be
certified as an inspector. All applicants for certification as an
inspector, management planner, abatement project designer, supervisor,
contractor or worker shall successfully pass a state examination on
Missouri state asbestos statutes and rules relating to asbestos.
Certification issued hereunder shall expire one year from its effective
date. Individuals applying for state certification as an asbestos air
sampling professional shall have the following credentials:

(1) A bachelor of science degree in industrial hygiene plus one year of
experience in the field; or

(2) A master of science degree in industrial hygiene; or

(3) Certification as an industrial hygienist as designated by the
American Board of Industrial Hygiene; or

(4) Three years of practical experience in the field of industrial
hygiene, including significant asbestos air monitoring experience and the
completion of a forty-hour asbestos course which includes air monitoring
instruction (National Institute of Occupational Safety and Health 582
course on air sampling or equivalent). In addition to these
qualifications, the individual must also pass the state of Missouri
asbestos examination. All asbestos air sampling technicians shall be
trained and overseen by an asbestos air sampling professional and shall
meet the requirements of training found in OSHA's 29 CFR 1926.58.
Certification under this section as an AHERA asbestos abatement project
designer does not qualify an individual as an architect, engineer or land
surveyor, as defined in chapter 327, RSMo.

4. An application fee of seventy-five dollars shall be assessed for each
category, except asbestos abatement worker, to cover administrative costs
incurred. An application fee of twenty-five dollars shall be assessed for
each asbestos abatement worker to cover administrative costs incurred. A
fee of twenty-five dollars shall be assessed per state examination.

5. In order to qualify for renewal of a certificate, an individual shall
have successfully completed an annual refresher course from an
Environmental Protection Agency or state of Missouri accredited training
program. For each discipline, the refresher course shall review and
discuss current federal and state statute and rule developments,
state-of-the-art procedures and key aspects of the initial training
course, as determined by the state of Missouri. For all categories except
inspectors, individuals shall complete a one-day annual refresher
training course for recertification. Refresher courses for inspectors
shall be at least a half-day in length. Management planners shall attend
the inspector refresher course, plus an additional half-day on management
planning. All refresher courses shall require an individual to
successfully pass an examination upon completion of the course. In the
case of significant changes in Missouri state asbestos statutes or rules,
an individual shall also be required to take and successfully pass an
updated Missouri state asbestos examination. An individual who has failed
the Missouri state asbestos examination may retake it on the next
scheduled examination date. If his certification has lapsed for more than
twenty-four months, he shall be required to retake the course in his
specialty area described in this section. Failure to comply with the
requirements for renewal of certification in this section will result in
decertification. In no event shall certification or recertification
constitute permission to violate sections 643.225 to 643.250 or any
standard or rule promulgated under sections 643.225 to 643.250.

6. A fee of five dollars shall be paid to the state for renewal of
certificates to cover administrative costs.

7. The provisions of subsections 2 through 6 of this section, section
643.228, subdivision (4) of subsection 1 of section 643.230, sections
643.232 and 643.235, subdivisions (1) to (3) of subsection 1 of section
643.237, and subsection 2 of section 643.237 shall not apply to a person
that is subject to requirements and applicable standards of the United
States Environmental Protection Agency (EPA) and the United States
Occupational Safety and Health Administration's (OSHA) 29 Code of Federal
Regulations 1926.58 and which engages in asbestos abatement projects as
part of normal operations in the facility solely at its own place or
places of business. A person shall receive an exemption upon submitting
to the director, on a form provided by the department, documentation of
the training provided to their employees to meet the requirements of
applicable OSHA and EPA rules and regulations and the type of asbestos
abatement projects which constitute normal operations performed by the
applicant. If the application does not meet the requirements of this
subsection and the rules and regulations promulgated by the department,
the applicant shall be notified, within one hundred eighty days of the
receipt of the application, that his exemption has been revoked. An
applicant may appeal the revocation of an exemption to the commission
within thirty days of the notice of revocation. This exemption shall not
apply to asbestos abatement contractors, to those persons who the
commission by rule determines provide a service to the public in its
place or places of business as the economic foundation of the facility,
or to those persons subject to the requirements of the federal Asbestos
Hazard Emergency Response Act of 1986 (P.L. 99-519). A representative of
the department shall be permitted to attend, monitor and evaluate any
training program provided by the exempted person. Such evaluations may be
conducted without prior notice. Refusal to allow such an evaluation is
sufficient grounds for loss of exemption status.

8. A fee of two hundred fifty dollars shall be submitted with the
application for exemption. This is a one-time fee. Exempted persons shall
submit to the director changes in curricula or other significant
revisions to the training program as they occur. (L. 1989 H.B. 77, et al.)

Effective 6-13-89

1. Required training courses for certification under section
643.225 shall first be accredited by the state. To be accredited,
training programs shall meet the training certification and
recertification requirements for each specialty area outlined in the
United States EPA's model accreditation plan, 40 CFR Part 763, including
passage of a course examination for these courses, and the certification
requirements for air sampling professionals outlined in section 643.225.
Such accreditation shall be obtained biennially. A representative of the
department or the department of health and senior services shall be
permitted to attend, monitor and evaluate any training program without
charge to the state. Such evaluations may be conducted without prior
notice. Refusal to allow such an evaluation is sufficient grounds for
loss of certificate of accreditation.

2. An accreditation fee of one thousand dollars per course category shall
be paid prior to issuance or renewal of a certificate of accreditation,
however, no individual, group, agency or organization shall pay more than
three thousand dollars for all course categories for which accreditation
is requested at the same time.

3. The director may engage in reciprocity agreements with other states
that have established accreditation criteria for certification training
programs that meet or exceed Missouri's accreditation criteria. (L. 1989
H.B. 77, et al.)

Effective 6-13-89

1. The director may deny, suspend or revoke any certification,
accreditation or exemption status under sections 643.225 to 643.250 if
the director finds that the applicant has:

(1) Fraudulently or deceptively obtained or attempted to obtain a
certificate, or accreditation or exemption status;

(2) Failed at any time to meet the qualifications for certification,
accreditation or exemption or to comply with any applicable provision or
requirement of sections 643.225 to 643.250;

(3) Failed at any time to meet any applicable federal or state
requirements for removal, encapsulation, enclosure or demolition of
asbestos;

(4) Failed to provide proof of certification on the job site;

(5) Failed to meet the state of Missouri accreditation or exemption
requirements for training programs.

2. Suspension of a certificate or exemption under this section may not be
in effect for a period greater than ninety days. At the end of such
period of time, the certificate or exemption shall be reinstated unless
the director has revoked the certificate or exemption or the certificate
has expired.

3. Upon denial, suspension, or revocation of certification, accreditation
or exemption by the director, the applicant may appeal to the commission
by filing notice of appeal with the commission within thirty days of the
notice of denial, suspension or revocation. The commission shall hold a
hearing at a time not more than sixty days after the date of request. If
the commission determines that the applicant meets the requirements of
section 643.225 and has not committed any violation indicated in section
643.225, 643.228, or in this section, and the rules promulgated thereto,
the commission may issue certification, accreditation or exemption to the
individual. (L. 1989 H.B. 77, et al.)

Effective 6-13-89

1. All asbestos abatement contractors prior to engaging in
asbestos abatement projects shall:

(1) Register with the department and reregister annually as provided by
rule;

(2) Submit an application for registration on a form developed by the
department;

(3) Use only those individuals that have been certified or trained in
accordance with sections 643.225 to 643.250.

2. During asbestos abatement projects, all contractors shall:

(1) Comply with applicable United States Environmental Protection Agency
regulations and guidelines, the standards for worker protection
promulgated by the United States Occupational Safety and Health
Administration in 29 CFR 1910.1001, 1910.1200 and 1926.58, the provisions
of sections 643.225 to 643.250 and the rules and regulations promulgated
thereunder. It is not intended that the director shall enforce OSHA
requirements but shall have the authority to deny, revoke, or suspend
registration on the basis of finding of violation by OSHA;

(2) Ensure that a competent person be on the asbestos abatement project
site directing all aspects of the project during the hours that the
project is being conducted.

3. A registration fee of one thousand dollars shall be paid by the person
to the state prior to registration. (L. 1989 H.B. 77, et al.)

Effective 6-13-89

1. The director may deny, suspend or revoke any person's
registration under sections 643.225 to 643.250 if the director finds that
the applicant has:

(1) Failed to meet the requirements of section 643.232;

(2) Failed to use certified or trained individuals as required in section
643.232;

(3) Failed at any time to meet any applicable federal, state or local
standards for removal, encapsulation, enclosure or demolition of
asbestos; or

(4) Failed to renew his registration annually.

2. Upon denial, suspension, or revocation of registration by the
director, the person may appeal to the commission by filing notice of
appeal with the commission within thirty days of the notice of denial,
suspension or revocation. The commission shall hold a hearing at a time
not more than ninety days after the date of request. If the commission
determines that the person meets the requirements of section 643.232 and
has not committed any violation indicated in this section, and the rules
promulgated thereto, the commission shall issue registration to the
person.

3. If a person's registration has been revoked, he may reapply for
registration one year from the date of revocation if the director finds
that he meets the requirements of sections 643.225 to 643.250. (L. 1989
H.B. 77, et al.)

Effective 6-13-89

1. Any person undertaking an asbestos abatement project of a
magnitude greater than or equal to one hundred sixty square feet or two
hundred sixty linear feet shall meet the following requirements:

(1) The person shall submit an application for asbestos abatement to the
department for review at least twenty days in advance. The application
shall be in the form required by the department. Such application shall
include the name and address of the applicant, a description of the
proposed project and any other information as may be required by the
commission and provide proof to the department that all employees engaged
in an asbestos abatement project are in compliance with sections 643.225
and 643.228;

(2) Persons undertaking an asbestos abatement project shall notify the
department within sixty days of the completion of the project in the form
required by the department;

(3) Persons undertaking an emergency asbestos abatement project of this
magnitude shall submit a notification to the department within
twenty-four hours of the onset of the emergency. An application for
permit to abate shall be submitted to the department within seven days of
the onset of the emergency;

(4) A fee of one hundred dollars shall be paid for review of each
asbestos abatement project notification of this magnitude;

(5) Any person undertaking an asbestos abatement project in the
jurisdiction of an authorized local air pollution control agency shall be
exempt from an application fee if the authorized local agency also
imposes an application fee.

2. Any person undertaking an asbestos abatement project of a magnitude
less than one hundred sixty square feet or two hundred sixty linear feet,
but greater than ten square feet or sixteen linear feet shall meet the
following requirements:

(1) The person shall submit notification to the department for review at
least twenty days in advance. The notification shall be in the form
required by the department. Such notification shall include the name and
address of the applicant, a description of the proposed project and any
other information as may be required by the department and provide proof
to the department that all employees engaged in an asbestos abatement
project are in compliance with sections 643.225 and 643.228. In addition,
the person shall post for inspection, at the site, current certificates
of all individuals engaged in the asbestos abatement project as well as
proof of the person's current registration;

(2) Persons undertaking an asbestos abatement project shall notify the
department within sixty days of the completion of the project in the form
required by the department;

(3) Persons undertaking an emergency asbestos abatement project of this
magnitude shall submit notification to the department within twenty-four
hours of the onset of the emergency.

3. Any person who submits an asbestos abatement project notification to
the department shall submit actual project dates and times for his
project. If the dates and times are revised on this project as submitted
to the department, the person is responsible to notify the department at
least twenty-four hours prior to the original starting date of the
project by telephone and then followup with a written amendment stating
the change in date and time. If the person does not comply with this
procedure, he shall be held in violation of the notification requirements
found in this section. This requirement does not change the reporting
requirements for notification, post notification and emergency projects
specified in this section. (L. 1989 H.B. 77, et al.)

Effective 6-13-89

1. Before commencement of an asbestos abatement project, persons
shall make all reasonable efforts to minimize the spread of friable
asbestos-containing materials to uncontaminated areas.

2. Any asbestos-containing material that will be rendered friable during
the process of removal, encapsulation, enclosure or demolition is subject
to all applicable federal and state regulations.

3. Analysis of asbestos air samples shall be conducted according to the
United States Occupational Safety and Health Administration's (OSHA)
standards in 29 CFR 1926.58. (L. 1989 H.B. 77, et al.)

Effective 6-13-89

1. Asbestos abatement projects of a magnitude greater than or
equal to ten square feet or sixteen linear feet are subject to inspection.

2. The commission shall be authorized to assess a fee of not more than
one hundred dollars for each on-site inspection of asbestos abatement
projects. Such fees would not be assessed for more than three on-site
inspections during the period an actual abatement project is in progress.
Failure of the asbestos abatement contractor to notify the department of
project postponement may result in the assessment of an inspection fee in
the event of an on-site visit by the department.

3. Any person undertaking an asbestos abatement project in the
jurisdiction of an authorized local air pollution control agency shall be
exempt from an inspection fee if the authorized local agency also imposes
an inspection fee. (L. 1989 H.B. 77, et al.)

Effective 6-13-89

1. All moneys received pursuant to sections 643.225 to 643.250
and any other moneys so designated shall be placed in the state treasury
and credited to the "Natural Resources Protection Fund--Air Pollution
Asbestos Fee Subaccount", which is hereby created. Such moneys received
pursuant to sections 643.225 to 643.250 shall, subject to appropriation,
be used solely for the purpose of administering this chapter. Any
unexpended balance in such fund at the end of any appropriation period
shall not be transferred to the general revenue fund of the state
treasury and shall be exempt from the provisions of section 33.080, RSMo.

2. The state treasurer, with the approval of the board of fund
commissioners, is authorized to deposit all of the moneys in any of the
qualified state depositories. All such deposits shall be secured in such
manner and shall be made upon such terms and conditions as are now and
may hereafter be approved by law relative to state deposits. Any interest
received on such deposits shall be credited to the natural resources
protection fund--air pollution asbestos fee subaccount. (L. 1989 H.B. 77,
et al.)

Effective 6-13-89

1. Any authorized representative of the department may enter at
all reasonable times, in or upon public or private property for purposes
required under sections 643.225 to 643.250. Refusal to allow such entry
shall be grounds for revocation of registration or injunctive relief.

2. Any person who knowingly violates sections 643.225 to 643.250, or any
rule promulgated thereunder, shall, upon conviction, be punished by a
fine of not less than twenty-five hundred dollars nor more than
twenty-five thousand dollars per day of violation, or by imprisonment for
not more than one year, or both. Second and successive convictions of any
person shall be punished by a fine of not more than fifty thousand
dollars per day of violation, or by imprisonment for not more than two
years, or both.

3. Any person who violates any provision of sections 643.225 to 643.250
may, in addition to any other penalty provided by law, incur a civil
penalty in an amount not to exceed ten thousand dollars for each day of
violation. The civil penalty shall be in an amount to constitute an
actual and substantial economic deterrent to the violation for which the
civil penalty is assessed. Any civil penalty paid shall be placed in the
natural resources protection fund--*air pollution asbestos fee
subaccount*.

4. Notwithstanding the existence or pursuit of any other remedy provided
by sections 643.225 to 643.250, the commission may maintain, in the
manner provided by chapter 536, RSMo, an action in the name of the state
of Missouri for injunction or other process against any person to
restrain or prevent any violation of the provisions of sections 643.225
to 643.250. (L. 1989 H.B. 77, et al.)

Effective 6-13-89

*....* Words "pollution asbestos fee account." appear in original rolls.

Persons who have completed a course of study on earthquake
preparedness which meets state standards and persons who have completed a
training course on asbestos abatement which complies with state standards
for training courses subsequently adopted under the provisions of
sections 643.225 to 643.250 shall be deemed to have complied with
requirements for certification without passage of any other course of
training. (L. 1990 S.B. 539 § 9)

As used in sections 643.253 and 643.255, the following terms
mean:

(1) "Asbestos", the asbestiform varieties of chrysotile, crocidolite,
amosite, anthophyllite, tremolite and actinolite;

(2) "Asbestos abatement projects", an activity undertaken to encapsulate,
enclose or remove ten square feet or sixteen linear feet or more of
friable asbestos-containing materials from buildings and other air
contaminant sources, or to demolish buildings and other air contaminant
sources containing ten square feet or sixteen lienar feet or more;

(3) "Friable asbestos-containing material", any material that contains
more than one percent asbestos, by weight, which is applied to ceilings,
walls, structural members, piping, ductwork or any other part of a
building or other air contaminant sources and which, when dry, may be
crumbled, pulverized or reduced to powder by hand pressure. (L. 1986 H.B.
1394 § 1, A.L. 1989 H.B. 77, et al.)

Effective 6-13-89

*Transferred 1994; formerly 701.100

1. No state agency or political subdivision of this state shall
accept a bid in connection with any asbestos abatement project that does
not fully comply with the provisions of sections 643.225 to 643.250.

2. No state agency or political subdivision of this state shall carry out
any asbestos abatement project using its own employees except in
compliance with the requirements of sections 643.225 to 643.250. (L. 1986
H.B. 1394 § 4, A.L. 1989 H.B. 77, et al.)

Effective 6-13-89

*Transferred 1994; formerly 701.106

As used in sections 643.260 to 643.265, the following terms mean:

(1) "Asbestos", the asbestiform varieties of chrysotile, crocidolite,
amosite, anthophyllite, tremolite and actinolite;

(2) "Asbestos-containing material", any material which contains more than
one percent of asbestos by weight;

(3) "Friable asbestos-containing material", any material that contains
more than one percent asbestos, by weight, which is applied to ceilings,
walls, structural members, piping, ductwork or any other part of a
building or other air contaminant sources and which, when dry, may be
crumbled, pulverized or reduced to powder by hand pressure;

(4) "Person", any individual, partnership, copartnership, firm, company,
or public or private corporation, association, joint stock company,
trust, the state, political subdivision, or any agency, board, department
or bureau of the state or federal government, or any other legal entity
whatever which is recognized by law as the subject of rights and duties;

(5) "School district", seven-director districts, urban school districts
and metropolitan school districts, as defined in section 160.011, RSMo.
(L. 1986 H.B. 903 § 1, A.L. 1989 H.B. 77 et al.)

Effective 6-13-89

*Transferred 1994; formerly 701.120

1. Each public school district and private or parochial school
in Missouri shall report to the department of health and senior services
the results of the examination of its structures for friable asbestos as
required by the Environmental Protection Agency under the Toxic
Substances Control Act, PL 94-469. All such reports shall be filed with
the department of health and senior services before March 1, 1987. Other
political subdivisions shall assess asbestos in buildings owned, leased
or operated by the political subdivisions and report the results of the
examination of its structures for friable asbestos to the department of
health and senior services by December 31, 1991. The results of the
assessment shall be public information and shall be readily available to
the public and employees of each political subdivision and each school
district and private and parochial school.

2. If the assessment indicates the presence of asbestos-containing
materials, the report shall identify the location of all materials
containing asbestos, the location and square footage of friable asbestos,
the average number of persons exposed, the percent of asbestos found in
the material, the test used to assess the material and plans for
management of any friable asbestos. The report shall also describe any
plans for interim measures, such as treating or covering friable
asbestos, to be taken pending management of the material. Any political
subdivision, any school district and any private or parochial school
which adopts interim measures or which has not completed its management
plan shall reevaluate the material biennially and report its findings to
the department of health and senior services and make its findings
available to its employees and the public. Any political subdivision, any
school district and any private or parochial school which identifies
nonfriable asbestos shall, no less often than every three years,
reevaluate the material and report its findings to the department of
health and senior services and make its findings available to its
employees and the public. The department of health and senior services
shall provide technical assistance including training, consultation and
inspection upon request to political subdivisions in identifying
buildings owned, leased or operated by political subdivisions which have
asbestos-containing materials.

3. The department of health and senior services shall annually provide
the department of elementary and secondary education with a list of all
public school districts whose buildings contain friable asbestos.

4. The department of health and senior services shall, in cooperation
with the office of administration, assess asbestos in buildings owned,
operated or leased by the state of Missouri and report its findings to
the office of administration. (L. 1986 H.B. 903 § 2, A.L. 1987 S.B. 95,
A.L. 1989 H.B. 77, et al.)

Effective 6-13-89

*Transferred 1994; formerly 701.122

The department of health and senior services and the department
of natural resources shall develop an interagency agreement establishing
agency responsibilities and procedures concerning asbestos reporting,
removal and treatment. The department of health and senior services is
hereby designated the state agency for the administration of loans and
grants under the Asbestos School Hazard Abatement Act of 1984, Public Law
98-377, and other federally funded loan or grant programs for the
abatement of asbestos. (L. 1986 H.B. 903 § 3)

*Transferred 1994; formerly 701.125

Sections 643.300 to 643.355 shall be known as the "Air Quality
Attainment Act". The enactment of the air quality attainment act is a
mandate of the United States Congress under the federal Clean Air Act, as
amended, 42 U.S.C. 7401, et seq. (L. 1994 S.B. 590)

*Provisional effective date--see § 643.360

1. The air conservation commission shall adopt a state
implementation plan to bring all nonattainment areas of the state which
are located within a city not within a county, any county of the first
classification having a population of over nine hundred thousand
inhabitants, any county of the first classification with a charter form
of government and a population of not more than two hundred twenty
thousand inhabitants and not less than two hundred thousand inhabitants,
any county of the first classification without a charter form of
government with a population of not more than one hundred eighty thousand
inhabitants and not less than one hundred seventy thousand inhabitants
and any county of the first classification without a charter form of
government with a population of not more than eighty-two thousand
inhabitants and not less than eighty thousand inhabitants, into
compliance with and to maintain the National Ambient Air Quality
Standards and any regulations promulgated by the United States
Environmental Protection Agency under the federal Clean Air Act, as
amended, 42 U.S.C. 7401, et seq., on the required date or dates as such
dates are established under the federal Clean Air Act, as amended, 42
U.S.C. 7401, et seq., including any extensions authorized pursuant to
that act.

2. The commission shall establish the amount of emissions reductions
required to achieve the goal established pursuant to subsection 1 of this
section.

3. The department shall establish an air quality baseline for all
nonattainment areas of the state which are located within a metropolitan
statistical area with a population of at least one million inhabitants as
defined by the federal Office of Management and Budget or its successor
agency. The air quality baseline shall include, where practical, actual
air contaminant emissions data and data on the atmospheric concentrations
of pollution and pollution precursors for all nonattainment areas.

4. The department shall determine the costs and benefits of alternative
reduction measures including reductions of emissions from stationary and
mobile sources and traffic control measures. The department of
transportation, regional planning commissions and metropolitan planning
organizations shall participate with the department and provide
information necessary to determine the costs and benefits of emissions
reduction measures.

5. The department shall evaluate any motor vehicle emissions inspection
program established under section 307.366, RSMo, or sections 643.300 to
643.355 and shall annually include in the report to the commission and
the general assembly required under section 643.192, beginning on January
1, 1996, a detailed accounting of the inspection costs and repair costs
incurred by vehicle owners and of the emissions reductions produced or
incurred by the program. The department may use a representative sample
of vehicles to provide a statistically valid estimate of the repair costs
and emissions reductions. The report shall also include a recommendation
to the general assembly on whether the emissions inspection program
should be continued, modified or terminated.

6. The department shall establish a program of public information and
education to educate the citizens of the state about the costs and
benefits associated with reaching attainment of the National Ambient Air
Quality Standards and the costs and benefits of all measures which are
considered to attain those standards. This shall be done prior to the
commission's action under subsection 1 of this section. (L. 1994 S.B. 590)

*Provisional effective date--see § 643.360

1. The commission may, by rule, establish a motor vehicle
emissions inspection program pursuant to sections 643.300 to 643.355 for
any portion of a nonattainment area located within the area described in
subsection 1 of section 643.305, except for any portion of the
nonattainment area which is located in a county of the first
classification without a charter form of government with a population of
less than one hundred thousand inhabitants according to the most recent
decennial census, except that the commission may establish a motor
vehicle emissions inspection program pursuant to sections 643.300 to
643.355 in such county only for motor vehicles owned by residents of such
county who have chosen to participate in such a program in lieu of the
provisions of section 307.366, RSMo. The commission shall ensure that,
for each nonattainment area, the state implementation plan established
pursuant to subsection 1 of section 643.305 incorporates and receives all
applicable credits allowed by the United States Environmental Protection
Agency for emission reduction programs in other nonattainment areas of
like designation in other states. The commission shall ensure that
emission reduction amounts established pursuant to subsection 2 of
section 643.305 shall be consistent with and not exceed the emissions
reduction amounts required by the United States Environmental Protection
Agency for other nonattainment areas of like designation in other states.
No motor vehicle emissions inspection program shall be required to comply
with subsection 1 of section 643.305 unless the plan established
thereunder takes full advantage of any changes in requirements or any
agreements made or entered into by the United States Environmental
Protection Agency and any entity or entities on behalf of a nonattainment
area concerning compliance with National Ambient Air Quality Standards of
the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq., and the
regulations promulgated thereunder. The air conservation commission shall
request and it shall be the duty of the attorney general to bring, in a
court of competent jurisdiction, an action challenging the authority of
the United States Environmental Protection Agency to impose sanctions for
failure to attain National Ambient Air Quality Standards and failure to
provide for required emission reductions under the federal Clean Air Act,
as amended, 42 U.S.C. 7401, et seq. The action shall seek to define the
required emission reductions and the credits allowed for current and
planned emission reductions measures. The air conservation commission
shall request and it shall be the duty of the attorney general to bring
an action to obtain injunctive relief to enjoin and restrain the
imposition of sanctions on the state of Missouri under the federal Clean
Air Act, as amended, 42 U.S.C. 7401, et seq., until all actions initiated
pursuant to this section have been decided. Provisions of section
307.366, RSMo, to the contrary notwithstanding, the requirements of
sections 643.300 to 643.355 shall apply to those areas designated by the
commission pursuant to this section in lieu of the provisions of section
307.366, RSMo.

2. No later than the effective date of this section, the department of
natural resources and the Missouri highway patrol shall enter into an
interagency agreement covering all aspects of the administration and
enforcement of section 307.366, RSMo, and sections 643.300 to 643.355.

3. (1) The department, with the cooperation and approval of the
commissioner of administration, shall select a person or persons to
operate an inspection facility or inspection program pursuant to sections
643.300 to 643.355, under a bid procedure or under a negotiated process
or a combination thereof based on criteria and expectations established
by the department. This process may use either a licensing arrangement or
contractual arrangement with the selected party or parties. The selection
of persons to operate inspection facilities or inspection programs shall
be exempt from the provisions of all site procurement laws. The number of
locations shall be no less than the number needed to provide adequate
service to customers and establish an emissions inspection program which
satisfies the requirements of this section. Each person who is authorized
to operate a station pursuant to this section shall be capable of
providing adequate and cost-effective service to customers.

(2) Service management, coordination and data processing may be provided
by the department or by another person, including a contractor or
licensee, based upon the most cost-effective proposal for service.

(3) A license or contract shall be for a period of up to seven years,
consistent with the provisions of article IV, section 28 of the Missouri
Constitution, and licenses or contracts shall be annually reviewed. A
license or contract may be suspended or revoked if the licensee or
contractor is not meeting the conditions of sections 643.300 to 643.355,
all applicable rules, the license agreement or contract as determined by
the department. A licensee or contractor found to have violated sections
643.300 to 643.355, applicable rules or the conditions of the license
agreement or contract shall be in violation of section 643.151 and
subject to the penalties provided thereunder.

4. The inspection program shall satisfy the following criteria:

(1) There shall be an adequate number of stations to ensure that no more
than twenty percent of all persons residing in an affected nonattainment
area reside farther than five miles from the nearest inspection station,
and consideration shall be given to employment, locations and commuting
patterns when selecting the locations of the stations;

(2) There shall be an adequate number of inspection lanes at each
facility so that no more than five percent of all persons having an
inspection are required to wait more than fifteen minutes before the
inspection begins;

(3) The days and daily hours of operation shall include at least those
hours specified by the department, which shall include, at a minimum,
twelve continuous hours of operation on all weekdays excepting federal
holidays, and six continuous hours of operation on all Saturdays
excepting federal holidays;

(4) The emissions inspection program shall include a simulated on-road
emissions inspection component, including pressure and purge tests, which
satisfies the requirements established by regulation of the United States
Environmental Protection Agency and may include a visual inspection
component;

(5) The inspection stations shall be test-only stations and shall not
offer motor vehicle emissions repairs, parts or services of any kind;

(6) No person operating or employed by an emissions inspection station
shall repair or maintain motor vehicle emission systems or pollution
control devices for compensation of any kind.

5. The commission, the department of economic development and the office
of administration shall, in cooperation with the minority business
advocacy commission, select the contractor or contractors to provide an
inspection program which satisfies the minimum requirements of this
section in accordance with the requirements of section 33.752, RSMo, and
chapter 34, RSMo. The commission, the office of administration and the
department of economic development, in cooperation with the minority
business advocacy commission, shall ensure adequate minority business
participation in the selection of the contractor or contractors to
provide an inspection program pursuant to this section. The commission,
the office of administration and the department of economic development
shall ensure adequate participation of Missouri businesses in the
selection of the contractor or contractors to provide an inspection
program pursuant to this section.

6. With approval of the commission and pursuant to rules adopted by the
commission, an organization whose members are motor vehicle dealers or
leasing companies may establish one or more additional emissions
inspection facilities, which may be either mobile or stationary, to be
used solely to inspect motor vehicles owned and held for sale or lease by
the members of the organization. With approval of the commission and
pursuant to rules adopted by the commission, any person operating a fleet
of five hundred or more motor vehicles may establish one or more
additional emissions inspection facilities, which may be either mobile or
stationary, to be used solely to inspect motor vehicles owned or leased
and operated by the person establishing the facility. The inspections
performed in facilities established pursuant to this subsection shall be
performed by a contractor selected by the commission pursuant to this
section and the contractor performing such inspections shall be
responsible solely to the department and shall satisfy all applicable
requirements of sections 643.300 to 643.355.

7. Any person who owns Missouri analyzer system emission inspection
equipment as defined by rule, used to provide emissions inspections
pursuant to section 307.366, RSMo, at a facility located in an area in
which an emissions inspection program has been established pursuant to
sections 643.300 to 643.355 may, within twelve months of the
implementation of an emissions inspection program pursuant to sections
643.300 to 643.355, sell such equipment to the department of natural
resources at current market value as established by an independent
appraisal provided that the equipment is fully functional and has been
maintained according to all applicable manufacturer's specifications and
procedures. The department shall purchase such equipment using funds
appropriated for that purpose from the Missouri air emission reduction
fund. Any person who, prior to January 1, 1992, contracted to lease or
lease purchase, or purchased by borrowing a portion of the funds secured
by a chattel mortgage, Missouri analyzer system emission inspection
equipment used to provide emissions inspections pursuant to section
307.366, RSMo, at a facility located in an area in which an emissions
inspection program has been established pursuant to sections 643.300 to
643.355, and has made all payments required under the contract, may,
within twelve months of the implementation of an emissions inspection
program pursuant to sections 643.300 to 643.355, request the department
of natural resources to take possession of such equipment and assume all
payment obligations owed on such equipment which obligations are not in
excess of one hundred and twenty-five percent of the current market value
as established by an independent appraisal, provided that the equipment
is fully functional and has been maintained according to all applicable
manufacturer's specifications and procedures. The department shall take
possession of such equipment and pay such obligations using funds
appropriated for that purpose from the Missouri air emission reduction
fund.

8. If the governor applies to the administrator of the Environmental
Protection Agency to require federal reformulated gasoline in
nonattainment areas, nothing in sections 643.300 to 643.355 shall prevent
the storage of conventional gasoline in nonattainment areas which is
intended for sale to agricultural, commercial or retail customers outside
said nonattainment areas subject to reformulated gasoline.

9. The governor, the department of natural resources, and the commission
shall work to ensure an orderly transition period in the nonattainment
area for the introduction of reformulated gasoline. Priority shall be
given to ensure the petroleum refiners ample time to organize, structure,
and implement both the production and the delivery of reformulated
gasoline to the nonattainment area, so that consumers will see an
orderly, seamless market substitution. (L. 1994 S.B. 590, A.L. 1998 S.B.
619, A.L. 1999 H.B. 603, et al. merged with S.B. 19, A.L. 2003 S.B. 54)

The air conservation commission may establish, by rule, a state
reformulated gasoline program to prohibit the sale or dispensing of
conventional gasoline for use in motor vehicles. If established, such
program shall be implemented and reformulated gasoline shall be available
at the retail level in the nonattainment area described in section
643.305 by June 1, 1999. The effectiveness of such program in improving
air quality shall be at least equal to, and cost competitive with, the
federal reformulated gasoline program, 42 U.S.C. 7545. Subject to the
conditions of this section, any reformulated gasoline program established
pursuant to this section shall not preclude the use of ethanol. (L. 1998
S.B. 619 § 1)

Effective 1-1-99

1. Except as provided in sections 643.300 to 643.355, all motor
vehicles which are domiciled, registered or primarily operated in an area
for which the commission has established a motor vehicle emissions
inspection program pursuant to sections 643.300 to 643.355, which may
include all motor vehicles owned by residents of a county of the first
classification without a charter form of government with a population of
less than one hundred thousand inhabitants according to the most recent
decennial census who have chosen to participate in such a program in lieu
of the provisions of section 307.366, RSMo, shall be inspected and
approved prior to sale or transfer. In addition, any such vehicle
manufactured as an even-numbered model year vehicle shall be inspected
and approved under the emissions inspection program established pursuant
to sections 643.300 to 643.355 in each even-numbered calendar year and
any such vehicle manufactured as an odd-numbered model year vehicle shall
be inspected and approved under the emissions inspection program
established pursuant to sections 643.300 to 643.355 in each odd-numbered
calendar year. All motor vehicles subject to the inspection requirements
of sections 643.300 to 643.355 shall display a valid emissions inspection
sticker, and when applicable, a valid emissions inspection certificate
shall be presented at the time of registration or registration renewal of
such motor vehicle.

2. No emission standard established by the commission for a given make
and model year shall exceed the lesser of the following:

(1) The emission standard for that vehicle model year as established by
the United States Environmental Protection Agency; or

(2) The emission standard for that vehicle make and model year as
established by the vehicle manufacturer.

3. The inspection requirement of subsection 1 of this section shall apply
to all motor vehicles except:

(1) Motor vehicles with a manufacturer's gross vehicle weight rating in
excess of eight thousand five hundred pounds;

(2) Motorcycles and motortricycles if such vehicles are exempted from the
motor vehicle emissions inspection under federal regulation and approved
by the commission by rule;

(3) Model year vehicles manufactured twenty-six years or more prior to
the current model year;

(4) Vehicles which are powered exclusively by electric or hydrogen power
or by fuels other than gasoline which are exempted from the motor vehicle
emissions inspection under federal regulation and approved by the
commission by rule;

(5) Motor vehicles registered in an area subject to the inspection
requirements of sections 643.300 to 643.355 which are domiciled and
operated exclusively in an area of the state not subject to the
inspection requirements of sections 643.300 to 643.355, but only if the
owner of such vehicle presents to the department an affidavit that the
vehicle will be operated exclusively in an area of the state not subject
to the inspection requirements of sections 643.300 to 643.355 for the
next twenty-four months, and the owner applies for and receives a waiver
which shall be presented at the time of registration or registration
renewal;

(6) New and unused motor vehicles, of model years of the current calendar
year and of any calendar year within two years of such calendar year,
which have an odometer reading of less than six thousand miles at the
time of original sale by a motor vehicle manufacturer or licensed motor
vehicle dealer to the first user; and

(7) Historic motor vehicles registered pursuant to section 301.131, RSMo.

4. The commission may, by rule, allow inspection reciprocity with other
states having equivalent or more stringent testing and waiver
requirements than those established pursuant to sections 643.300 to
643.355.

5. (1) At the time of sale, a licensed motor vehicle dealer, as defined
in section 301.550, RSMo, may choose to sell a motor vehicle subject to
the inspection requirements of sections 643.300 to 643.355 either:

(a) With prior inspection and approval as provided in subdivision (2) of
this subsection; or

(b) Without prior inspection and approval as provided in subdivision (3)
of this subsection.

(2) If the dealer chooses to sell the vehicle with prior inspection and
approval, the dealer shall disclose, in writing, prior to sale, whether
the vehicle obtained approval by meeting the emissions standards
established pursuant to sections 643.300 to 643.355 or by obtaining a
waiver pursuant to section 643.335. A vehicle sold pursuant to this
subdivision by a licensed motor vehicle dealer shall be inspected and
approved within the one hundred twenty days immediately preceding the
date of sale, and, for the purpose of registration of such vehicle, such
inspection shall be considered timely.

(3) If the dealer chooses to sell the vehicle without prior inspection
and approval, the purchaser may return the vehicle within ten days of the
date of purchase, provided that the vehicle has no more than one thousand
additional miles since the time of sale, if the vehicle fails, upon
inspection, to meet the emissions standards specified by the commission
and the dealer shall have the vehicle inspected and approved without the
option for a waiver of the emissions standard and return the vehicle to
the purchaser with a valid emissions certificate and sticker within five
working days or the purchaser and dealer may enter into any other
mutually acceptable agreement. If the dealer chooses to sell the vehicle
without prior inspection and approval, the dealer shall disclose
conspicuously on the sales contract and bill of sale that the purchaser
has the option to return the vehicle within ten days, provided that the
vehicle has no more than one thousand additional miles since the time of
sale, to have the dealer repair the vehicle and provide an emissions
certificate and sticker within five working days if the vehicle fails,
upon inspection, to meet the emissions standards established by the
commission, or enter into any mutually acceptable agreement with the
dealer. A violation of this subdivision shall be an unlawful practice as
defined in section 407.020, RSMo. No emissions inspection shall be
required pursuant to sections 643.300 to 643.360 for the sale of any
motor vehicle which may be sold without a certificate of inspection and
approval, as provided pursuant to subsection 2 of section 307.380, RSMo.
(L. 1994 S.B. 590, A.L. 1999 H.B. 603, et al. merged with S.B. 19, A.L.
2001 S.B. 435, A.L. 2003 S.B. 54, A.L. 2004 H.B. 996 and H.B. 1142 and
H.B. 1201 and H.B. 1489)

1. The commission shall establish, by rule, procedures,
standards, and requirements for the operation of emissions inspection
stations and the conduct of emissions inspections.

2. The emissions inspection stations shall be operated in accordance with
all requirements established by the commission under this section.

3. The department shall cause unannounced inspections to be made of the
operation of each emissions inspection station at least once during each
calendar year. The inspection may include submitting a known high
emission vehicle for inspection without prior disclosure to the
inspection station.

4. The department may require emissions inspection stations to furnish
reports, upon forms furnished by the department for that purpose, that
the department considers necessary for the administration of sections
643.300 to 643.355.

5. No emissions inspection required under sections 643.300 to 643.355 may
be performed at an emissions inspection station unless there is
conspicuously posted on the premises of the emissions inspection station
a sign which is at least eight feet high and sixteen feet wide and which
sign bears the legend: "This inspection is mandated by the United States
Environmental Protection Agency under powers granted to it by your United
States Senators and Representatives in Washington, D.C." A standard sign,
designed by the department and containing letters of at least six inches
in height, shall be used by all emissions inspection stations. Such signs
shall be furnished by the department to each emissions inspection station
at no cost to the station. (L. 1994 S.B. 590)

*Provisional effective date--see § 643.360

1. The commission shall establish, by rule, an emissions
inspection certificate and an emissions inspection sticker which indicate
that a vehicle has been inspected and given approval under sections
643.300 to 643.355. The commission shall also establish, by rule,
requirements for display of the sticker on a motor vehicle and
requirements for the replacement of a sticker or certificate which has
been lost or stolen. The emissions inspection certificate and the
emissions inspection sticker shall each bear, in a conspicuous place, the
legend: "This inspection is mandated by your United States Congress."

2. Each emissions inspection station shall provide an emissions
inspection certificate and emissions inspection sticker to the owner of a
vehicle which has been inspected and approved under the emissions
inspection program. (L. 1994 S.B. 590)

*Provisional effective date--see § 643.360

1. An owner whose vehicle fails, upon inspection, to meet the
emissions standards specified by the commission may have the vehicle
reinspected after making repairs or adjustments to the vehicle to reduce
emissions.

2. No motor vehicle owner shall be charged an additional emissions
inspection fee for emissions reinspections completed within thirty
calendar days of the initial emissions inspection.

3. The department shall publish a list of emissions repair and adjustment
procedures based on the ratio of potential emissions reductions to cost,
and the list shall be distributed and made available at all emissions
inspection stations. The list shall indicate the most cost-effective
measures that a vehicle owner can take to reduce emissions.

4. The inspector shall provide in writing to the owner of a vehicle which
fails, upon inspection, to meet the emissions standards, the nature of
the vehicle's failure, the components or equipment responsible for the
failure and the estimated cost of repair to the extent practical pursuant
to rules promulgated by the commission.

5. The department shall cause unannounced tests of facilities which
repair, service or maintain motor vehicle emissions components and
equipments, including submitting known high emission vehicles with known
defects for repair without prior disclosure to the repair facility. Any
suspected violations of chapter 407, RSMo, shall be reported by the
department to the attorney general who shall institute appropriate
proceedings under sections 407.095 and 407.100, RSMo, regarding unlawful
merchandising practices. (L. 1994 S.B. 590)

*Provisional effective date--see § 643.360

1. The commission shall establish, by rule, a waiver amount
which may be lower for older model vehicles and which, prior to January
1, 2001, shall be no greater than seventy-five dollars for model year
vehicles prior to 1981, no greater than two hundred dollars for model
year vehicles of 1981 to 1996 and no greater than four hundred and fifty
dollars for model year vehicles of 1997 and all subsequent model years.
On and after January 1, 2001, the commission may, by rule, set the waiver
amount, except that the waiver amount shall not exceed the waiver amount
provided in the federal Clean Air Act, as amended, 42 U.S.C. 7401 et
seq., and the regulations promulgated thereunder for the enhanced motor
vehicle emissions inspection.

2. The commission shall establish, by rule, a form and a procedure for
verifying that repair and adjustment was performed on a failing vehicle
prior to the granting of a waiver and approval.

3. The waiver form established pursuant to subsection 2 of this section
shall be an affidavit requiring:

(1) A statement signed by the repairer that the specified work was done
and stating the itemized charges for the work; and

(2) A statement signed by the emissions inspection contractor that an
inspection of the vehicle verified, to the extent practical, that the
specified work was done.

4. A vehicle which fails upon reinspection to meet the emissions
standards specified by the commission shall have the emissions standards
waived and receive approval only if the owner furnishes a complete,
signed affidavit satisfying the requirements of subsection 3 of this
section and the cost of the parts, repairs and adjustment work performed
is equal to or greater than the waiver amount established by the
commission. Costs for repair work may only be included toward reaching
the waiver amount if the repairs are performed by a recognized repair
technician as defined by rule.

5. No cost for parts, repairs or adjustments shall be included toward
reaching the waiver amount if such costs are covered by an emission
control performance warranty provided by the manufacturer at no
additional cost to the vehicle owner unless the vehicle owner provides,
with the affidavit, a written denial of warranty remedy from the motor
vehicle manufacturer, dealer or other person providing the warranty.

6. No cost for parts, repairs or adjustments shall be included toward
reaching the waiver amount if such costs are required to correct the
effects of tampering with emissions systems or air pollution control
devices. (L. 1994 S.B. 590, A.L. 1999 H.B. 603, et al. merged with S.B.
19)

1. For the purpose of obtaining an emissions inspection only, a
vehicle may be lawfully operated over the most direct route between the
owner's usual domicile and an inspection station of the owner's choice,
notwithstanding that the vehicle does not have a current state
registration license.

2. A vehicle may be lawfully operated from an emissions inspection
station to another place for the purpose of making repairs and back to
the emissions inspection station, notwithstanding that the vehicle does
not have a current state registration license. (L. 1994 S.B. 590)

*Provisional effective date--see § 643.360

In the year in which an emissions inspection is required under
section 643.315, a certificate of registration for a motor vehicle shall
not be transferred, renewed or issued unless the application for the
transfer, renewal or issuance is accompanied by a current emissions
inspection certificate issued not more than sixty days prior to the date
of application, except that the director of revenue shall renew a
vehicle's certificate of registration without a current emissions
inspection certificate accompanying the application if satisfactory
documentary evidence is presented at the time of application that the
registration being renewed was properly transferred within a six-month
period prior to the expiration of the registration. (L. 1994 S.B. 590)

*Provisional effective date--see § 643.360

1. A fee, not to exceed twenty-four dollars, may be charged for
an emissions inspection conducted under the emissions inspection program
established pursuant to sections 643.300 to 643.355, except that on days
of operation, other than the last three days of operation in each
calendar month, the fee shall be reduced by:

(1) Ten dollars for any person who is required to wait more than thirty
minutes before the inspection begins; and

(2) Twenty dollars for any person who is required to wait more than sixty
minutes before the inspection begins.

The waiting time shall begin at the time when the customer's vehicle is
on the premises of the inspection station and available for inspection.

2. The commission shall establish, by rule, a time-stamping system to
ensure that the time of arrival and the time inspection begins is
accurately recorded for each vehicle at each emissions inspection
facility.

3. The fee shall be conspicuously posted on the premises of each
emissions inspection station.

4. The commission shall establish, by rule, the portion of the fee amount
to be remitted by the contractor to the director of revenue and the
number of days allowed for remitting fees.

5. The contractor shall remit the portion of fees collected, as
established by the commission pursuant to this section, to the director
of revenue within the time period established by the commission. The
director of revenue shall deposit the fees received in the state treasury
to the credit of the "Missouri Air Emission Reduction Fund", which is
hereby created. Moneys in the fund shall, subject to appropriation, be
expended for the administration and enforcement of sections 643.300 to
643.355 by the department of natural resources, the Missouri highway
patrol, and other appropriate agencies. Any balance in the fund at the
end of the biennium shall remain in the fund and shall not be subject to
the provisions of section 33.080, RSMo. All interest earned by moneys in
the fund shall accrue to the fund.

6. In addition to funds from the Missouri air emission reduction fund,
costs of capital or operations may be supplemented, upon appropriation,
from the general revenue fund, the state highway department fund, federal
funds or other funds available for that purpose. (L. 1994 S.B. 590, A.L.
1999 H.B. 603, et al. merged with S.B. 19)

1. Any person who knowingly misrepresents himself or herself as
an official emissions inspection station or an inspector or a recognized
repair technician is guilty of a class C misdemeanor for the first
offense and a class B misdemeanor for any subsequent offense. Any person
who is found guilty or who has pleaded guilty to a violation of this
subsection shall be considered to have committed an offense for the
purposes of this subsection.

2. Any person who knowingly manufactures, conveys or possesses any
counterfeit or illegally obtained emissions inspection certificate or a
counterfeit or illegally obtained emissions inspection sticker is guilty
of a class C misdemeanor for the first offense and a class B misdemeanor
for any subsequent offense. Any person who is found guilty or who has
pleaded guilty to a violation of this subsection shall be considered to
have committed an offense for the purposes of this subsection.

3. Any person who knowingly displays or permits to be displayed, on any
motor vehicle owned by such person, any counterfeit or illegally obtained
emissions inspection sticker is guilty of an infraction.

4. Any person who knowingly uses any counterfeit or illegally obtained
emissions inspection certificate for the purpose of obtaining any motor
vehicle registration is guilty of an infraction for the first offense, a
class C misdemeanor for the second offense and a class B misdemeanor for
any subsequent offense.

5. Any person who knowingly operates a motor vehicle required to be
inspected and approved pursuant to sections 643.300 to 643.355 without
displaying a valid emissions inspection sticker as required pursuant to
section 643.315 is guilty of an infraction for the first offense, a class
C misdemeanor for the second offense and a class B misdemeanor for any
subsequent offense.

6. Except as otherwise provided in this section, any person who violates
a requirement of sections 643.300 to 643.355 or a rule promulgated to
enforce sections 643.300 to 643.355 is guilty of an infraction.

7. The superintendent of the highway patrol may seize documents which the
superintendent suspects are counterfeit or illegally obtained in
violation of this section for the purpose of enforcing this section. Any
person who violates any procedural requirement of sections 643.300 to
643.355 is subject to a fine, and such fine shall be not less than five
times the amount of the fee charged pursuant to section 643.350 or one
hundred dollars, whichever is greater, if the violation is intentional or
one involving gross negligence. (L. 1994 S.B. 590, A.L. 1999 H.B. 603, et
al. merged with S.B. 19)

This act* shall not take effect until a cause of action is filed
by the attorney general on behalf of the state of Missouri and other
appropriate parties in a federal court of appropriate jurisdiction
requesting injunctive relief and to test the constitutionality and
legality of sanctions threatened by the Environmental Protection Agency
pursuant to the federal Clean Air Act, as amended, 42 U.S.C. 7401, et
seq., and shall not take effect so long as a temporary restraining order
or injunction relating to such sanctions shall be in effect. Such action
may allege, among others, that the standards which determine that the St.
Louis metropolitan statistical area is a nonattainment area are
unreasonable in relation to the sanctions sought to be imposed by the
Environmental Protection Agency by virtue of the following:

(1) That there is not sufficient substantial evidence to demonstrate a
rational relationship between the ambient air conditions in the St. Louis
metropolitan statistical area and the penalties sought to be imposed by
the Environmental Protection Agency;

(2) That the standards which determine that the St. Louis metropolitan
statistical area is a nonattainment area and the penalties threatened by
the Environmental Protection Agency are arbitrary and lack a rational
relationship to the overall purpose of the federal Clean Air Act, as
amended, 42 U.S.C. 7401, et seq. in that;

(a) That at only one of the seventeen monitoring sites in the St. Louis
metropolitan statistical area have there been more than the allowed
number of exceedances during the past three years; and

(b) That for the exceedances at that single monitoring site, there exist
purely local causes which do not reflect nor bear a true relationship to
the ambient air quality of the St. Louis metropolitan statistical area;
and

(3) That the penalties available to be imposed by the Environmental
Protection Agency are unreasonable and arbitrary and bear no rational
relationship to the ambient air quality of the St. Louis metropolitan
statistical area in that:

(a) At the single exceeding monitoring site there exist purely local
causes for the exceedances which do not bear a true relationship nor
reflect the actual ambient air quality of the St. Louis metropolitan
statistical area;

(b) That the state of Missouri should be given a reasonable time to
correct the exceedances at the single exceeding site and the penalties
should not be assessed nor accrue prior to such time;

(c) That it is unreasonable to impose on the state of Missouri the
obligation to expend an estimated one hundred twenty-five million dollars
to reach attainment based upon the single exceeding site and the existing
local causes for the exceedances where those do not reflect nor bear a
true relationship to the ambient air quality of the St. Louis
metropolitan statistical area;

(d) That the fifteen percent reduction in volatile organic compound
requirement in the federal Clean Air Act bears no relationship to the
actual ambient air quality of the St. Louis metropolitan statistical area
because the reduction is mandated by the Environmental Protection Agency
whether or not the St. Louis metropolitan statistical area reaches
attainment status. (L. 1994 S.B. 590)

*"This act" (S.B. 590, 1994) contains numerous sections. Consult
Disposition of Sections table for definitive listing.

EXPLANATION OF CONTINGENT EFFECTIVE DATE;

April 3, 1996

RE: State of Missouri v. United States Civil Action No. 4:94CV1288

"As you are aware, SB 590 contains a provision indicating that it would
not take effect until a cause of action was filed by this office on
behalf of the state in Federal Court testing the constitutionality and
legality of the sanctions threatened by the Environmental Protection
Agency (EPA). Also, the Act would not take effect as long as any TRO or
injunction relating to EPA's sanction would be in effect. See § 643.360,
RSMo. "Please be advised that on July l, 1994, this office filed a
complaint in the United States District Court for the Eastern District of
Missouri requesting injunctive relief and challenging the
constitutionality and legality of the threatened sanctions by the EPA.
Although a temporary restraining order, preliminary injunction and
permanent injunction were all sought in the course of that matter, to
date, no such relief has been entered by the court."

Jeremiah W. (Jay) Nixon Attorney General

Joseph P. Bindbeutel Assistant Attorney General

1. No food or beverage products shall be sold, offered for sale,
or distributed in this state that are packaged, wrapped, or enclosed in a
container manufactured from polystyrene foam produced using fully
halogenated chlorofluorocarbons.

2. Any distributor in this state engaged in the sale or distribution of
extruded polystyrene foam products manufactured using fully halogenated
chlorofluorocarbons shall certify to the department of natural resources
that such foam products are not in violation of subsection 3 of this
section.

3. Beginning January 1, 1992, no person shall sell, offer for sale, or
distribute in this state any product manufactured in whole or in part of
thermoformed or other extruded polystyrene foam manufactured using any
fully halogenated chlorofluorocarbon (CFC) found by the United States
Environmental Protection Agency to be an ozone-depleting chemical,
including but not limited to:

(1) Polystyrene packaging, wrapping, or containers;

(2) Polystyrene foam sheets;

(3) Polystyrene foam board.

4. A person violating this section shall be guilty of a class A
misdemeanor. Each day of violation shall constitute a separate and
distinct offense. (L. 1989 H.B. 438, et al. §§ 1, 2)

Effective 1-1-92

The Kansas-Missouri Air Quality Compact is hereby entered into
and enacted into law with the state of Kansas, in the form substantially
as follows:

KANSAS-MISSOURI AIR QUALITY

COMPACT

ARTICLE I. SHORT TITLE

1.1. This act shall be known and may be cited as the Kansas-Missouri Air
Quality Compact.

ARTICLE II. DEFINITIONS

2.1. "Signatory state" shall mean a state party to this compact.

2.2. "Air pollution" shall mean the presence in the ambient air of one or
more air contaminants in quantities, of characteristics and of a duration
which directly and proximately cause or contribute to injury to human,
animal or plant life or health or to property or which unreasonably
interfere with the enjoyment of life or use of property.

2.3. "Air contaminant" shall mean any particulate matter or any gas or
vapor or any combination thereof.

2.4. "Air contaminant source" shall mean any and all sources of emission
of air contaminants whether privately or publicly owned or operated.

2.5. "Person" shall mean any individual, partnership, copartnership,
firm, company, public or private corporation, association, joint stock
company, trust, estate, political subdivision, or any governmental
agency, board, department or bureau, or any other legal entity whatever
which is recognized by law as the subject of rights and duties.

ARTICLE III. PURPOSES

3.1. Ambient air is not confined by the common boundary between Kansas
and Missouri and is affected with a local, state and regional interest.
The planning, conservation, and control of the quality of ambient air are
public purposes of the respective signatory states.

The air resources of the area subject to the jurisdiction of the
commission are common to Kansas and Missouri, and the uses of these
resources are interdependent. A single agency is therefore essential for
effective and economical direction, supervision and coordination of
efforts and programs of federal, state and local governments and of
private enterprise.

The signatory states recognize that the discharge into the ambient air of
air contaminants so as to cause or contribute to air pollution is
contrary to public policy; that air contaminants originating in one state
may contribute to the degradation of air quality in the other; and that
such degradation may present a hazard to the health, welfare and
enjoyment of life and property of the people of both states. It is the
purpose of the signatory states, by achieving uniform application of air
pollution control regulations, to maintain purity of the common air
resources, to protect the health, general welfare and physical property
of the people, and to foster maximum employment and full industrial
development of the state. Each state, and the commission hereinafter
created, shall seek the accomplishment of these objectives through the
prevention, abatement and control of air pollution by all practical and
economically feasible methods.

ARTICLE IV. COMMISSION

4.1. Commission created. There is hereby created the Kansas-Missouri Air
Quality Commission, herein called "the commission", with the powers and
duties set forth herein, and such additional powers as may be conferred
upon it by subsequent action of the respective legislatures of the
signatory states. The commission shall be a body corporate, with
succession for the duration of this compact, as an agency and
instrumentality of the governments of the respective signatory states.
The commission shall have jurisdiction hereunder with respect to air
contaminant sources located in the district comprising the following
counties of Missouri and Kansas: Cass, Clay, Jackson and Platte of
Missouri; and Johnson, Leavenworth and Wyandotte of Kansas. The
commission shall have the power to cooperate with federal, state and
local agencies with respect to air pollution control matters which affect
the air quality standards within the jurisdiction of the commission.

4.2. Membership. The commission shall consist of eleven members, one
commissioner representing the appropriate federal agency having
jurisdiction of air pollution matters, five commissioners from Kansas and
five from Missouri, each of whom shall be a resident of such state, and
at least three commissioners from each state shall be residents of the
region subject to the jurisdiction of the commission hereunder. The
commissioners from each state shall be qualified, chosen and appointed by
each state in the manner and for the terms as provided by the laws of the
respective states. Vacancies on the commission shall be filled for the
unexpired term in the same manner as appointments to full terms.

4.3. Voting. Each commissioner representing a signatory state shall be
entitled to a vote, but the commissioner representing the federal
government shall vote only as hereinafter provided. All final actions of
the commission shall be taken at meetings at which a majority of the
members of the commission are present in person. All final actions of the
commission shall require a favorable majority vote of the commissioners
present. If an unresolved tie vote shall result on any matter properly
before the commission, then the commissioner representing the federal
government may cast the deciding vote on such matter if present at the
meeting, and such vote, if cast, shall decide the matter.

4.4. Compensation. Members of the commission representing the signatory
states may receive a per diem allowance as determined and paid by the
legislatures of the respective signatory states. Members of the
commission shall be reimbursed by the commission for necessary and actual
expenses incurred in and incident to the performance of their duties.

4.5. Capacity. The commission shall have all corporate powers essential
to the declared objects and purposes of the commission, and it may sue
and be sued, enter into contracts and shall have a seal. The commission
shall designate a resident agent in each signatory state to accept any
service of process made upon the commission, and the names of such agents
shall be filed with the secretary of state of each signatory state. The
commission may retain counsel to represent it in any action at law
brought by or against the commission.

4.6. Officers. The commission shall elect annually, from among its
members, a chairman and vice chairman. The commission shall appoint an
executive director who shall serve at the pleasure of the commission, who
shall act as secretary, and who, together with such other commission
personnel as the commission may determine, shall be bonded in such amount
or amounts as the commission may require.

4.7. Personnel. Irrespective of the civil service, personnel or other
merit systems laws of any of the signatory states, the commission shall
fix the compensation of such personnel as may be necessary for the
performance of the commission's functions. The executive director shall
appoint, remove, and discharge the other officers and employees under
such rules and regulations as the commission may prescribe.

4.8. Retirement. The commission may establish and maintain, independently
or in conjunction with any one or more of the signatory states, a
suitable retirement system for its employees. Employees of the commission
shall be eligible for Social Security coverage in respect to old age and
survivors insurance, provided that the commission takes such steps as may
be necessary pursuant to federal law to participate in such program of
insurance as a governmental agency or unit. The commission may establish
and maintain or participate in such additional programs of employee
benefits as may be appropriate.

4.9. Assistance. The commission may borrow, accept, or contract for the
services of personnel and other services or materials from any state, the
United States or any subdivision or agency of either, from any interstate
agency, or from any institution, person, firm or corporation.

4.10. Donations. The commission may accept for any of its purposes and
functions under this compact any and all donations, and grants of money,
equipment, supplies, materials, and services conditional or otherwise,
from the United States, or any agency thereof, from any state or any
subdivision or agency thereof, or interstate agency, or from any
institution, person, firm or corporation, and may receive, utilize and
dispose of the same. The identity of any donor, the amount and character
of any assistance, and the conditions, if any, attached thereto shall be
set forth in the annual report of the commission.

4.11. Facilities. The commission may establish and maintain such
facilities as may be necessary for the transacting of its business. The
commission may acquire, hold, insure, and convey real and personal
property and any interest therein.

4.12. Bylaws. The commission shall adopt, amend, and rescind bylaws and
procedural rules for the conduct of its business.

4.13. Reports. The commission annually shall make to the chief executive,
officials and legislative bodies of the signatory states, and to the
public, a report on its programs, operations and finances. The commission
may issue such additional public reports as it may deem desirable.

4.14. Information. The commission shall have the authority to collect and
disseminate information.

4.15. Public records. All actions of the commission shall be taken at
public meetings, at which the vote of each commissioner is recorded, and
minutes of the commission shall be a public report open to inspection at
its offices during regular hours except those portions of any hearing or
minutes which concern confidential information as provided for under
Article VIII of this compact.

ARTICLE V. POWERS AND DUTIES OF COMMISSION

5.1. General powers. Except as otherwise specifically provided in this
compact, the commission shall have power to

(a) Adopt, amend and repeal rules and regulations implementing and
consistent with this compact.

(b) Hold hearings relating to any aspect of or matter in the
administration of this compact, and in connection therewith, compel the
attendance of witnesses and the production of evidence.

(c) Issue such orders as may be necessary to effectuate the purposes of
this compact and enforce the same by all appropriate administrative and
judicial proceedings.

(d) Require access to records relating to emissions which cause or
contribute to air pollution.

(e) Secure necessary scientific, technical, administrative and
operational services, including laboratory facilities, by contract or
otherwise.

(f) Prepare and develop a comprehensive plan or plans for the prevention,
abatement and control of air pollution.

(g) Encourage voluntary cooperation by persons and affected groups to
achieve the purposes of this compact.

(h) Encourage state and local units of government to handle air pollution
problems on a cooperative basis, and provide technical and consultative
assistance therefor.

(i) Encourage and conduct studies, investigations and research relating
to air contamination and air pollution and their causes, effects,
prevention, abatement and control.

(j) Determine by means of field studies and sampling the degree of air
contamination and air pollution in any place.

(k) Make a continuing study of the effects of the emission of air
contaminants from motor vehicles on the quality of the outdoor atmosphere
and make recommendations to appropriate public and private bodies with
respect thereto.

(l) After hearing, establish ambient air quality standards for the entire
area subject to the commission's jurisdiction or for any part thereof.

(m) Collect and disseminate information and conduct educational and
training programs relating to air contamination and air pollution.

(n) Advise, consult, contract and cooperate with other agencies of the
state, local governments, industries, other states, interstate or
interlocal agencies, and the federal government, and with interested
persons or groups.

(o) Consult, upon request, with any person proposing to construct,
install, or otherwise acquire an air contaminant source or device or
system for the control thereof, concerning the efficacy of such device or
system, or the air pollution problem which may be related to the source,
device or system. Nothing in any such consultation shall be construed to
relieve any person from compliance with this compact, rules or
regulations in force pursuant thereto, or any other provision of law.

5.2. Classification and reporting. The commission may, by rule or
regulation, classify air contaminant sources which may cause or
contribute to air pollution, according to levels and types of emissions
and other characteristics which relate to air pollution, and require
reporting for any such class or classes. Classifications made pursuant to
this subsection may be for application to the entire area subject to the
commission's jurisdiction, or to any designated portion thereof, and may
be made with special reference to effects on health, economic and land
use factors, and physical effects of property; provided, that all such
classification shall be made in accordance with the purposes of this
compact, as set forth in Article III hereof. Any person operating or
responsible for the operation of an air contaminant source of any class
for which the rules and regulations of the commission require reporting
shall make reports containing information as may be required concerning
location, size and height of contaminant outlets, processes employed,
fuels used and the nature and time periods or duration of emissions, and
such other information as is relevant to air pollution and available or
reasonably capable of being assembled.

5.3. New installations.

(a) The commission may require that notice be given to it prior to the
undertaking of the construction, installation or establishment of
particular types or classes of new air contaminant sources specified in
its rules and regulations.

(b) The commission may require the submission of plans, specifications
and such other information as it deems necessary in order to determine
the cumulative effect of such air contaminant source on the air quality
standards within the area of its jurisdiction.

(c) For the purposes of this compact, addition to or enlargement or
replacement of an air contaminant source, or any major alteration
therein, shall be construed as construction, installation or
establishment of a new air contaminant source.

(d) The absence or failure to issue a rule, regulation or order pursuant
to this section shall not relieve any person from compliance with any
emission standards or with any other provision of law.

5.4. Inspections. Any duly authorized officer, employee, or
representative of the commission may enter and inspect any property,
premise or place on or at which an air contaminant source is located at
any reasonable time for the purpose of ascertaining the state of
compliance with this compact and rules and regulations in force pursuant
thereto. A suitably restricted search warrant, upon a showing of probable
cause in writing and upon oath, may be issued by a court specified in
section 6.6(a) of this compact to any such officer, employee, or
representative for the purpose of enabling him to make such inspections.
No person shall refuse entry or access to any authorized representative
of the commission who requests entry for purposes of inspection, and who
presents appropriate credentials; nor shall any person obstruct, hamper
or interfere with any such inspection. If requested, the owner or
operator of the premises shall receive a report setting forth all facts
found which relate to compliance status.

5.5. Emission standards.

(a) After hearing in accordance with section 6.3 of this compact, the
commission may, by rule or regulation, establish emission standards for
any area within the commission's jurisdiction, consistent with the
purposes of this compact as provided in Article III hereof. Such emission
standards may be for the entire area subject to the commission's
jurisdiction, or may vary from area to area dependent upon land use and
other varying local conditions, as may be appropriate to facilitate
accomplishment of the purposes of this compact.

(b) Nothing in this compact shall be construed to authorize the
commission to require by rule, regulation or otherwise the kind or
composition of materials or fuels, the type, manufacturer or nature of
control devices or other equipment or processes to be used or employed by
the owner or operator of any new or existing air contaminant source.
Nothing in this compact shall be construed as limiting the power of the
commission to establish general variances from required emission
standards, as provided in subsection (f) of section 5.7 of this compact.

5.6. Enforcement.

(a) Whenever the executive director has reason to believe that a
violation of any provision of this compact, or rule or regulation adopted
pursuant thereto, has occurred, he may cause written notice to be served
upon the alleged violator or violators and upon the state air pollution
control agency of the state in which the alleged source is located. The
notice shall specify the provision of this compact or rule or regulation
alleged to be violated, and the facts alleged to constitute a violation
thereof, and may include an order that necessary corrective action be
taken within a reasonable time. Any such order shall become final unless,
no later than ten days after the date the notice and order are served,
the person or persons named therein request in writing a hearing before
the commission. Upon such request, the commission shall hold a hearing in
accordance with the provisions of section 6.4 of this compact. In lieu of
an order, the executive director may require that the alleged violator or
violators appear before the commission for a hearing, at a time and place
specified in the notice, and answer the charges complained of.

(b) If, after a hearing held pursuant to subsection (a) of this section,
the commission finds that a violation or violations have occurred, it may
affirm or modify the order of the executive director previously issued,
or issue an appropriate order or orders for the prevention, abatement or
control of the emissions involved or for the taking of such other
corrective action as may be appropriate or it may retain jurisdiction,
but defer final action to permit the state air pollution control agency
to effect a satisfactory remedy. If, after hearing on an order contained
in a notice, the commission finds that no violation has occurred or is
occurring, it shall rescind the order. Any order issued as part of a
notice or after hearing may prescribe the date or dates by which the
violation or violations shall cease and may prescribe timetables for
necessary action in preventing, abating or controlling the emissions.

(c) Nothing in this compact shall prevent the commission from making
efforts to obtain voluntary compliance through warning, conference or any
other appropriate means.

5.7. Variances.

(a) Any person who owns or is in control of any air contaminant source
may apply to the commission for a variance from rules or regulations by
filing an application with the executive director. The executive director
shall promptly investigate the application and make a recommendation to
the commission as to the disposition thereof. If the recommendation is
against the granting of a variance, a public hearing shall be held, if
requested by the applicant, in accordance with the provisions of section
6.4 of this compact. If the recommendation is for the granting of the
variance, the commission may do so without a public hearing, except that,
at the written request of any person aggrieved by the emissions resulting
from the granting of the variance, a public hearing shall be held. In any
hearing under this section, however, the burden of proof shall be on the
person petitioning for a variance. After a hearing, the commission may
grant a variance if it finds that:

1. The emissions occurring or proposed to occur do not endanger human
health or safety; or

2. Compliance with the rules or regulations from which variance is sought
would produce serious hardship without equal or greater benefits to the
public; or

3. Such variance should be granted to effectuate the purposes of this
compact as set out in Article III hereof.

(b) No variance shall be granted pursuant to this section until the
commission has considered the relative interests of the applicant, other
owners of property likely to be affected by the emissions, and the
general public.

(c) Any variance or renewal thereof shall be granted within the
requirements of subsection (a) and for time periods and under conditions
that shall be specified by the commission in its order granting such
variance.

(d) Any variance granted pursuant to this section may be renewed, on
application, on terms and conditions and for periods which would be
appropriate on initial granting of a variance. If complaint is made to
the commission on account of the variance, no renewal thereof shall be
granted, unless following public hearing on the complaint on due notice
the commission finds that renewal is justified. Any application for
renewal shall be made at least sixty days prior to the expiration of the
variance.

(e) Nothing in this section and no variance or renewal granted pursuant
hereto shall be construed to prevent or limit the application of the
emergency provisions and procedures of this compact.

(f) Notwithstanding any provision of this section to the contrary, the
commission may, after a hearing in accordance with the provisions of
section 6.3 of this compact, establish by rule or regulation variances
from required emission standards which are uniformly applicable to
specific types of air contaminant sources or to particular geographic
areas within the commission's jurisdiction.

5.8. Emergency.

(a) Any other provisions of this compact notwithstanding, the commission
may adopt rules or regulations authorizing the executive director to
order persons causing or contributing to air pollution to reduce or
discontinue immediately the emission of air contaminants when he finds
that a generalized or specific condition of air pollution exists in any
area subject to the jurisdiction of this commission and that in his
opinion such condition creates an emergency requiring immediate action to
protect human health or safety in such area.

(b) Upon issuance of any such order the commission shall fix a time and
place for a hearing to be held before the commission not later than
forty-eight hours after the issuance of the order to investigate and
determine the factors causing or contributing to the emergency
conditions. All persons whose interests are prejudiced or affected in any
manner by any such order shall have the right to appear in person or by
counsel at the hearing and to present evidence relevant to the subject of
the hearings. Within twenty-four hours after completion of the hearing,
the commission shall affirm, modify or set aside the order or make such
other orders as the commission deems appropriate under the circumstances
in accordance and consistent with the evidence adduced and shall notify
all persons appearing in person or by counsel of its determination in
writing by certified or registered mail.

(c) Nothing in this section shall be construed to limit any power of the
President of the United States or the governor of either signatory state,
or any other officer of either state, or the United States, to act in the
event of an emergency.

ARTICLE VI. HEARING AND REVIEW

6.1. Public hearings. All hearings held by the commission shall be open
to the public. All testimony taken before the commission shall be under
oath and recorded in a written transcript. The transcript so recorded
shall be made available to any member of the public or to any participant
in such hearing upon payment of reasonable charges therefor as fixed by
the commission.

6.2. Powers of hearing officer. All hearings shall be had before one or
more members of the commission, or before an officer or employee of the
commission expressly designated thereby to act as a hearing officer. Any
person conducting the hearing, and the executive director, may issue in
the name of the commission notices of hearings and subpoenas requiring
attendance and testimony of witnesses and production of evidence relevant
to any matter involved in such, and administer oaths and affirmations and
examine witnesses.

6.3. Rules and regulations. The commission shall not adopt any rules or
regulations, other than those relating to its internal organization,
unless and until it has held a public hearing thereon, at which any
person shall be entitled to appear and offer testimony with or without
counsel. Notice of said hearing shall be published in a newspaper of
general circulation in each county within the jurisdiction of the
commission at least thirty days prior to such hearing, and shall be
mailed to the air pollution control agencies of the signatory states. All
rules and regulations so adopted by the commission shall be filed in the
manner provided for by law for filing administrative rules in each of the
signatory states and such rules and regulations shall not become
effective until ten days after such filing.

6.4. Adversary hearings.

(a) At any hearing on an order directed to a specific person or persons,
or a specific source of air contaminants, or on application for variance
or renewal or revocation thereof, those persons, or the owner or operator
of such source, or the applicant, shall be entitled to be a party to the
proceedings, and the air pollution control agencies of the signatory
states shall also be entitled to be parties. Any party shall be entitled
to at least twenty days notice of such hearing by registered mail, and
such notice shall also be published in a newspaper of general circulation
in the county in which the alleged air contaminant source is located, and
sent by ordinary mail to any person who has in writing requested notice.
Any party shall be entitled to appear in person or by representative,
with or without counsel, and make oral or written argument, offer
testimony, cross-examine witnesses, or take any combination of such
actions with respect to any matter in issue including the validity under
this compact of any commission order, rule, regulation or standard as it
may affect such party. Any person aggrieved by the emissions from the
alleged air contaminant source shall be entitled to appear and to testify
with respect to the matter in controversy, subject to such restrictions
and procedures as the commission may establish, but shall not be a party
to such proceeding.

(b) In any adversary proceeding each party shall be entitled to present
oral arguments or written briefs at or after the hearing, which shall be
heard or read by each commissioner who renders or joins in rendering the
order of the commission.

(c) In each adversary proceeding each commissioner who renders or joins
in rendering the order of the commission shall, prior to taking final
action thereon, either hear all the evidence, read the full record
including all the evidence, or personally consider the portions of the
record cited or referred to in the arguments or briefs. The parties to
such adversary proceeding may by written stipulation or by oral
stipulation in the record at the hearing waive compliance with the
provisions of this subsection.

(d) Every order by the commission in an adversary proceeding shall be in
writing and shall include or be accompanied by findings of fact and
conclusions of law. The findings of fact shall be stated separately from
the conclusions of law and shall include a concise statement of the
findings on which the commission bases its order.

6.5. Refusal to obey subpoena. In case of refusal to obey a subpoena
issued in the name of the commission, any United States district court,
district court of Kansas or circuit court of Missouri having jurisdiction
may issue, upon the application of the person conducting the hearing, an
order requiring attendance or production of evidence as the case may
require. Any failure to obey an order may be punished by the court as
contempt thereof. Subpoenas shall be served as provided by the law of the
state in which they are served.

6.6. Judicial enforcement and review.

(a) It shall be the duty of any person to comply with any final order
issued against him by the commission in accordance with section 5.6 of
this compact. In a signatory state, any court of general jurisdiction in
any county in which the alleged air contaminant source is located, or any
United States district court for the district in which the alleged air
contaminant source is located, shall entertain and determine any action
or proceeding brought by the commission to enforce an abatement order
against the owner or operator of such air contaminant source. In any
action to enforce or review such an order, the court may affirm, modify
or reverse the order and may issue its decree enforcing the order as
affirmed or modified.

(b) Any party to a hearing held under this compact who is aggrieved by
any order made by the commission shall be entitled to a judicial review
thereof. Such review may be had by filing a verified petition in any of
the appropriate courts designated in subsection (a) of this section
setting out such order and alleging specifically wherein said order is:

1. Arbitrary, capricious, an abuse of discretion or otherwise not in
accordance with law.

2. Contrary to constitutional right, power, privilege or immunity.

3. In excess of authority or jurisdiction conferred by this compact or
statutes in implementation hereof.

4. Without observance of procedure required by law.

5. Unsupported by substantial evidence. The petition for review shall be
filed within thirty days after receipt of written notice that such order
has been issued. Written notice of the filing of such petition for review
and a copy of said petition shall be personally served upon the
commission. Within fifteen days after filing the petition, the petitioner
shall secure from the commission a certified copy of the transcript of
any hearing or hearings held in connection with the issuance of the
order, the review of which is sought, and file the same with the clerk of
the court in which the proceeding for review is pending. An extension of
time in which to file such transcript may be granted by the court for
good cause shown. Inability to obtain the transcript within the specified
time shall be good cause. Failure to file the transcript within fifteen
days, or to secure an extension of time therefor, shall be cause for the
dismissal of the petition. Where more than one party may be aggrieved by
the order only one proceeding for review may be had, and the court in
which a petition for review is first properly filed shall have
jurisdiction.

(c) The filing of a petition for review hereunder shall stay the
commission's order unless the court upon motion by any party shall
determine otherwise.

(d) No review of a commission order shall be had except in accordance
with the provisions of this compact.

ARTICLE VII. FINANCE

7.1. Appropriations. The commission shall submit to the governor or
designated officer or officers of each party state a budget of its
estimated expenditures for such period as may be required by the laws of
that state for presentation to the legislature thereof, specifying the
amount or amounts to be appropriated by each of the party states. Aside
from such support as may be available to the commission from other
sources, the cost of operating and maintaining the commission shall be
borne equally by the party states. The commission shall not incur any
obligations prior to the allotment of funds adequate to meet the same by
the party states or the setting aside of such funds from other sources.

7.2. Expenses. The expenses and any other costs for each member of the
commission shall be met by the commission in accordance with such
standards and procedures as it may establish under its bylaws.

7.3. Accounts. The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
commission shall be subject to an annual independent audit. However, all
receipts and disbursements of funds handled by the commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become a part of the annual
report of the commission. The accounts of the commission shall be open at
any reasonable time for inspection by duly constituted officers of the
signatory parties and by any persons authorized by the commission.

ARTICLE VIII. CONFIDENTIALITY

8.1. No information relating to secret processes or trade secrets
affecting methods of manufacture shall be disclosed to the public, if so
requested by the owner or operator thereof, and all such information
shall be kept confidential. At any public hearing any such confidential
information shall, if requested by respondent, be received in camera and
kept under seal.

ARTICLE IX. VIOLATIONS

9.1. Any violation of any rule or regulation, duly adopted under this
compact, except pursuant to a variance, may be enjoined by the commission
upon institution of a civil action in any court of competent jurisdiction
for injunctive relief to prevent any further violation and, in the case
of any willful violation, the court may assess a penalty of not to exceed
one thousand dollars per day for each day or part thereof the violation
continues, and any such penalty shall be paid into the general revenue
fund of the state where imposed.

9.2. No liabilities shall be imposed upon any person pursuant to this
compact for violations of any provision thereof, or any rule or
regulation adopted thereunder, caused by an act of God, war, strike,
riot, catastrophe or other cause beyond the control of such person.

9.3. Any willful disclosure of confidential information to any person
other than one entitled to information under this compact shall be deemed
to be a misdemeanor subject to the laws of the party state in which such
violation shall have occurred.

ARTICLE X. COMPACT NOT LIMITING

10.1. Powers of states. Nothing in this compact shall be construed to
limit the powers of either signatory state or any of their subdivisions
to enact and enforce laws or ordinances for the prevention, abatement or
control of air pollution, provided that such laws, ordinances, or
enforcement activities meet the minimum provisions of this compact, or
any standard, rule or regulation promulgated hereunder, or to prevent or
restrict either signatory state or any subdivision thereof in requiring
or prescribing measures of air pollution prevention, abatement or control
in addition to those which may be required by either signatory state or
the commission acting pursuant to this compact.

10.2. Powers of United States. Nothing in this compact shall be construed
to relinquish the functions, powers and duties of the Congress of the
United States with respect to the control, abatement or prevention of air
pollution.

ARTICLE XI. CONSTRUCTION

11.1. Construction and severability. It is the legislative intent that
the provisions of this compact be reasonably and liberally construed. The
provisions of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be contrary to the
constitution of either state or of the United States, or the
applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby.

11.2. Agency cooperation. The several departments, agencies and officers
of the signatory parties are authorized to cooperate with the commission.
Within existing statutory authorizations, any such department, agency or
officer may make contract with, lend, or otherwise furnish the commission
with such items and services as are contemplated by any provision of the
compact.

11.3. Effect of compact on rights of certain persons. Persons other than
either of the signatory states or the commission shall not acquire
actionable rights by virtue of this compact. A determination by the
executive director or the commission that air pollution or air
contamination exists or that any standard, rule or regulation has been
violated, whether or not a proceeding or action is brought by the state
or the commission, shall not create by reason thereof any presumption of
law or finding of fact which shall inure to or be for the benefit of any
person other than the state or the commission.

ARTICLE XII. EFFECTIVE DATE AND TERMINATION

12.1. Effective date; repeal. This compact shall take effect and be in
force when it has been enacted into law by the states of Missouri and
Kansas and is approved by the Congress of the United States. The compact
shall continue in force until expressly repealed by either party state,
but no such repeal shall take effect until ninety days after the
effective date of the statute repealing this compact, provided that if
expressly repealed by both party states, such repeal shall take effect
immediately as provided in such enactments.

ARTICLE XIII. AMENDMENTS

13.1. The right to alter, amend or repeal this compact is expressly
reserved by the signatory states. (L. 1967 p. 297 § 1)

*Transferred 1986; formerly 203.600

1. Within thirty days after October 13, 1967, or within thirty
days after the effective date of the act of the legislature of the state
of Kansas enacting the Kansas-Missouri air quality compact, whichever
date is later, the governor shall appoint five persons to be
commissioners of the Kansas-Missouri air quality commission, created by
compact between the states of Kansas and Missouri. All commissioners so
appointed shall be qualified voters of the state of Missouri, and at
least three commissioners shall reside within the district established by
the compact. At no time shall more than one commissioner reside within
the same county. Officers and employees of any state agency or commission
having jurisdiction over air pollution control in the state of Missouri
shall be eligible for appointment to the Kansas-Missouri air quality
commission.

2. The commissioners appointed pursuant to subsection 1 of this section
shall hold their respective offices for a term of four years, except that
the commissioners first appointed shall hold their offices for terms as
follows: Two for terms ending June 30, 1972, one for a term ending June
30, 1971, one for a term ending June 30, 1970, and one for a term ending
June 30, 1969, and the governor in making the appointment shall designate
the term for which each is to serve; and on July first of each year
thereafter the governor shall appoint successors of like qualifications
to fill the vacancies occurring by reason of the expiration of the terms
of service as herein provided. In case of a vacancy on said commission,
the governor shall appoint a successor of like qualifications for the
unexpired term. (L. 1967 p. 297 § 2)

*Transferred 1986; formerly 203.610

Commissioners appointed pursuant to section 643.610 shall
receive for the time spent at meetings of the commission and in the
performance of their duties as members of said commission a per diem
allowance of twenty-five dollars regardless of whether such duties are
performed or meetings are held within or without the state of Missouri.
Such per diem shall be paid from amounts appropriated by the legislature
for such purpose. (L. 1967 p. 297 § 3)

*Transferred 1986; formerly 203.620

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