Title XL — ADDITIONAL EXECUTIVE DEPARTMENTS

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

643.020. Definitions. — 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"…

643.030. Intent of law — commission to control air pollution. — 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…

643.040. Air conservation commission created — members, terms, expenses, meetings. — 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 643.35…

643.050. Powers and duties of commission — rules, procedure. — 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 s…

643.055. Commission may adopt rules for compliance with federal law — suspension, reinstatement — exemption, limitations — regulation of residential wood burning heaters or appliances prohibited without legislative authorization. — 1. Other provisions of law notwithstanding, the …

643.060. Powers and duties of director. — 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, cle…

643.070. Commission to adopt rules, notice — public hearing. — 1. The commission shall adopt rules pursuant to chapter 536. 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 previo…

643.073. Procedure for submission of applications, fee. — 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 …

643.075. Construction without permit prohibited — denial, appeal, procedure — fee, exemption — natural resources protection fund, air pollution permit fee subaccount — city or county permit granted, effect. — 1. It shall be unlawful for any person to commence construction of any …

643.076. Sections not to apply to locomotives, exception. — 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 …

643.077. Operating and construction permits, transferability. — 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 sourc…

643.078. Operation without permit prohibited — single permit for multiple sources — information to be submitted, time period — validation of permit, terms and conditions — time period — director shall enforce federal standards — appeal — city or county permit granted, effect. — 1…

643.079. Fees, amount — deposit of moneys, where, subaccount to be maintained — civil action for failure to remit fees, effect upon permit — agencies, determination of fees — fee structure revision. — 1. Any air contaminant source required to obtain a permit issued under sections…

643.080. Investigations, when made — violation, how eliminated — hearing, procedure — final order, notice of. — 1. The director shall investigate alleged violations of sections 643.010 to 643.355 or any rule promulgated hereunder or any term or condition of any permit and may cau…

643.085. Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition. — 1. In addition to any other remedy provided by law, upon a determination by the director that a provision of sections 643.0…

643.090. Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court. — 1. If the commission or the director finds that a generalized condition of the ambient air due to meteorological conditio…

643.100. Testimony at hearings, how recorded — subpoenas, how issued — rules hearings, how held — other hearings, how held — final orders, how approved. — 1. At any public hearing all testimony taken before the commission shall be under oath and recorded. The transcript so record…

643.110. Commission may grant, modify and revoke variances — director to make recommendation, when. — 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…

643.120. Commission shall act upon request — decision rendered, when — action to compel completion of proceedings. — 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 …

643.130. Judicial review. — 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, except that, the provisions of section 536.110 notwithstanding, all actions se…

643.140. Political subdivisions not preempted in field of air pollution — certificate of authority to issue permits and variances, grounds for revocation. — 1. Except as provided under this section, the legislature does not intend by the provisions of sections 643.010 to 643.190 …

[Repealed or reserved.]

643.161. State or political subdivisions contracting with persons not having a permit or in contempt of court prohibited. — 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 requi…

643.170. Existing penalties not to be impaired — no actionable rights created, exceptions. — 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 o…

643.173. Small business technical assistance program established, duties — advisory committee created, members, appointment, terms, compensation, duties. — 1. There is hereby established within the department of natural resources a "Small Business Technical Assistance Program" wh…

643.175. Small business ombudsman, duties — appointment. — 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 re…

643.190. Department to be air pollution agency for purposes of federal air pollution control acts. — 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 n…

643.191. Violation of certain requirements unlawful, penalty — false statements unlawful, penalty. — 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 643.0…

643.192. Evaluation of costs of compliance — department to tabulate information — report filed, with whom, when. — 1. Sources required to file an annual emissions inventory questionnaire with the department shall submit, with the questionnaire, an evaluation of the additional cos…

643.210. Rules, promulgation. — 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. ­­-------- (L. 1988 H.B. 1187 § 1, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3…

643.220. Missouri emissions banking and trading program established by commission — promulgation of rules. — 1. The commission shall promulgate rules establishing a "Missouri Air Emissions Banking and Trading Program" to achieve and maintain the National Ambient Air Quality Stand…

643.225. Rules for asbestos abatement projects, standards and examinations — certification requirements — application — examination, content — certificate expires, when — fees — renewal of certificate requirements — refresher course — failure to pass examination, may repeat exam,…

643.228. Training courses to be certified — evaluation by department of health and senior services, when — violation, effect — accreditation fee. — 1. Required training courses for certification under section 643.225 shall first be accredited by the state. To be accredited, train…

643.230. Denial, suspension or revocation by director, certifications, accreditation of training program or exemption status — grounds — procedure — appeal to commission, powers of commission. — 1. The director may deny, suspend or revoke any certification, accreditation or exemp…

643.232. Asbestos abatement contractor required to register annually, qualifications — project requirements — registration fee. — 1. All asbestos abatement contractors prior to engaging in asbestos abatement projects shall: (1) Register with the department and reregister annually…

643.235. Registration, denial, suspension or revocation by directors, grounds — appeal to commission, procedure — commission's powers — revocation of registration, person may reapply, when. — 1. The director may deny, suspend or revoke any person's registration under sections 643…

643.237. Projects requiring special application, form, contents — procedure — fee, exemptions from fee — revision of project plans, notification of department required. — 1. Any person undertaking an asbestos abatement project of a magnitude greater than or equal to one hundred s…

643.240. Friable material subject to regulation — air sample analysis, how conducted. — 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. A…

643.242. Inspection of projects, when — inspection fee — postponement of project, notice to department, failure to notify, effect — exemption from fee for local air pollution control agency, when. — 1. Asbestos abatement projects of a magnitude greater than or equal to one hundre…

643.245. Natural resources protection fund — subaccounts created — purpose — lapse into general revenue prohibited — fund deposited where, by state treasurer, interest credited to fund. — 1. All moneys received pursuant to sections 643.225 to 643.245 and any other moneys so desig…

643.250. Entry by department on public or private property for regulation purposes — refusal to allow grounds for revocation or injunctions, violations of regulations, penalties. — 1. Any authorized representative of the department may enter at all reasonable times, in or upon pu…

643.251. Certification authorized for persons completing asbestos and earthquake training. — 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 w…

643.255. Cities, counties, state agencies, requirements. — 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 age…

643.263. Testing for asbestos, schools — report, contents of — reports of departments. — 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 fr…

643.265. Department of health and senior services, department of natural resources, interagency agreement. — The department of health and senior services and the department of natural resources shall develop an interagency agreement establishing agency responsibilities and proced…

643.300. Citation of law — mandate of Congress. — Sections 643.300 to 643.355 shall be known as the "Air Quality Attainment Act". The enactment of the air quality attainment act and any subsequent amendments to such act are a mandate of the United States Congress under the federa…

643.303. Decentralized emissions program for inspections, when, program for inspecting certain motor vehicles, requirements — application for authorization to conduct emission inspections — repairs — certification to begin, when, report — remote sensing devices and gas cap tests …

643.305. Commission to adopt state implementation plan, nonattainment areas, certain cities and counties — emission reductions established — department to establish air quality baseline — cost of reduction measures, determination — emissions inspection program, report, public inf…

643.310. Commission to establish decentralized motor vehicle emissions inspection program, certain cities and counties, exceptions — selection of person to operate inspection facility or program, procedure, contract requirement — selection of contractors, minorities, motor vehicl…