PURPOSE: This rule provides a description of the organization and general methods and scope of operation of the Missouri Air Conservation Commission and the Air Pollution Control Program of the Missouri Department of Natural Resources and provides for public information and participation.

1. (1) Authorization. Chapter 643, RSMo.

2. (2) Organization and Operation.

   1. (A) Air Conservation Commission. The seven (7) member commission is the state’s governing body for the control, abatement and prevention of air pollution (sections 643.030 and 643.040) having authority (section 643.050, 643.055, 643.225, and 643.305, RSMo) to—

      1. 1. Adopt, promulgate, amend and

rescind rules;

1. 2. Establish air quality control regions;
2. 3. Require submission of relevant infor-

mation;

1. 4. Conduct and hold hearings upon

appeals from orders, permit denials and other actions of the director, settle compliance disputes at public hearings before the commission, or refer alleged violations to the county prosecutor or attorney general;

1. 5. Develop facts, make investigations

and make orders and determinations;

1. 6. Prepare and develop a comprehensive

plan for the prevention, abatement and control of air pollution, including emergency alert procedures;

1. 7. Grant authority to political subdivi-

sions to control air pollution;

1. 8. Grant, modify and revoke exceptions

and variances to rules; and

1. 9. Suspend the order of rulemaking

when necessary for public health, safety and welfare prior to filing the final order of rulemaking.

1. (B) Director. The director of the Department of Natural Resources, serving at the pleasure of the governor, or the director’s authorized representative, has the responsibility and the authority (section 643.060) to—

   1. 1. Employ staff and consultants as nec-

essary to carry out the Missouri Air Conservation Law;

1. 2. Accept, receive and administer

grants, gifts, or other funds from public and private agencies;

Rebecca McDowell Cook (11/30/98)*

1. 3. Receive, budget, and expend appro-

priated moneys;

1. 4. Arrange, notify, attend and record all

meetings of the Missouri Air Conservation Commission (MACC);

1. 5. Investigate complaints, issue abate-

ment orders, recommend that the MACC request legal action be taken by the attorney general under section 643.090.2, recommend legal action be taken by the attorney general under section 643.090.2, and enforce provisions of the Missouri Air Conservation Law;

1. 6. Receive and act upon reports, plans,

specifications and permit applications submitted under rules promulgated by MACC;

1. 7. Receive and investigate petitions for

variances and submit recommendations to MACC;

1. 8. Carry out the directions of MACC

between meetings including conducting inspections and investigations, obtaining and assembling data and preparing reports;

1. 9. Submit revisions of the State Imple-

mentation Plan (SIP) to the United States Environmental Protection Agency (EPA) for approval; and

1. 10. Enact air pollution emergency alert

procedures.

1. (C) Staff Director. The staff director of the Air Pollution Control Program of the Department of Natural Resources serves at the pleasure of the commission and handles the day-to-day matters, including all responsibilities delegated to the director’s authorized representative.

2. (D) Air Pollution Control Program. The program is divided into five (5) sections with the following descriptions of each:

   1. 1. The administration section assists the

Air Pollution Control Program sections by providing personnel services, budgeting, procurement, data processing, record keeping, computer services and public information;

1. 2. The enforcement section—

   1. A. Performs or oversees source com-

pliance testing;

1. B. Technically reviews variance appli-

cations and recommend action to be taken;

1. C. Prepares abatement orders and

consent orders;

1. D. Determines and tracks compliance

of air pollution sources;

1. E. Coordinates with the regional

office program and the local air pollution control agencies in matters of compliance determination, permitting and litigation;

1. F. Resolves violations through out-of-

court settlements with the assistance of the attorney general’s office;

1. G. Provides continuing technical sup-

port to legal counsel for those cases after litigation has been authorized by MACC; 10 CSR 10-1

1. H. Issues sales tax exemptions on air

pollution control equipment;

1. I. Assists in the audits of the local

agencies; and

1. J. Presents routine activity and com-

plaint reports to MACC;

1. 3. The technical support section—

   1. A. Collects the emission inventory

and maintains the emission database;

1. B. Maintains facility or site informa-

tion;

1. C. Obtains air quality data, updates

EPA AIRS (Air Information Retrieval System) database and disseminates data;

1. D. Coordinates with the laboratory

services program for the establishment and maintenance of air monitoring sites;

1. E. Maintains meteorological data;
2. F. Reviews permit applicant’s air

quality modeling and air quality analysis;

1. G. Provides modeling and air quality

analysis for other sections in the program;

1. H. Conducts and coordinates Ambi-

ent Air Monitoring Network Reviews;

1. I. Coordinates Maximum Achievable

Control Technology (MACT) workgroup activities and provides information in order to implement MACT;

1. J. Maintains the air monitoring SIP;
2. K. Coordinates air quality data input

from local air pollution control agencies and the laboratory services program;

1. L. Receives, evaluates and makes rec-

ommendations to the director whether to certify as exempt sales tax exemption requests for pollution control or monitoring equipment; and

1. M. Provides technical support to legal

counsel for those permits issued and appealed by an applicant or citizen;

1. 4. The planning section—

   1. A. Develops proposals for new rules

and for amending or rescinding in-place rules of MACC for presentation to MACC;

1. B. Meets all public participation

requirements of state and federal laws involving rulemaking and SIP revisions;

1. C. Provides SIP coordination and

maintenance and prepares SIP revisions for the director’s action;

1. D. Provides highway project assess-

ment of mobile source emissions as requested by other governmental agencies;

1. E. Provides a motor vehicle inspec-

tion/maintenance program as may be required;

1. F. Provides liaison with the secretary

of state, EPA, other regulatory bodies and private industry regarding MACC rules governing air pollution control;

1. G. Prepares the air quality annual

report;

1. H. Prepares all reports as required in

the SIP;

1. I. Revises permitting regulations con-

sistent with Title V CFR 40 Part 70 revisions;

1. J. Receives, evaluates, and makes rec-

ommendation to the director whether to certify as exempt sales tax exemption requests for pollution control or monitoring equipment; and

1. K. Provides technical support to legal

counsel for those permits issued and appealed by an applicant or citizen; and

1. 5. The permit section—

   1. A. Prepares, submits, and presents

the monthly construction and operating permit report to the MACC;

1. B. Receives, evaluates, and makes

recommendations to the director to approve, approve with conditions, or deny applications for construction permits;

1. C. Receives, evaluates, and makes

recommendations to the director whether to certify as exempt, sales tax exemption requests for pollution control or monitoring equipment;

1. D. Provides technical support to legal

counsel for those permits issued and appealed by an applicant or citizen;

1. E. Assists in auditing the permitting

function within the local political subdivision;

1. F. Processes operating permit applica-

tions, amendments, and modifications in a timely manner according to the rules and requirements;

1. G. Processes relocation notification

for portable equipment; and

1. H. Maintains the Missouri Clean Air

Act Title V Program to ensure continued authorization of the program in Missouri. (3) Public Information. The Air Pollution Control Program provides the following methods with related procedures where the public may obtain information and make submissions or requests:

1. (A) Newspaper publication of public hearing notices provides information on timing of proposed MACC actions and how the public may participate in all rulemaking procedures;
2. (B) Proposed rule actions are published in the Missouri Register at least thirty (30) days prior to a public hearing. Final rule actions adopted by MACC are also published in the Missouri Register with recognition of public hearing comments;
3. (C) All records retained for or by the Air Pollution Control Program are considered to be open for public inspection and copying by any person, except for records which either are required to be or which may be kept confidential under Missouri Law; and
4. (D) Applications for permits and variances and sales tax exemption forms may be obtained by writing to the Department of Natural Resources, Division of Environmental Quality, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102. General information concerning the Air Pollution Control Program may also be obtained by telephone, in person or by writing to the previously mentioned address.

1. (4) Reorganization of 1974. The Omnibus Reorganization Act of 1974 transferred the Air Conservation Commission and its functions (Chapter 643, RSMo) by Type II transfer. Under this Act, the position of executive secretary was abolished and the director of the Department of Natural Resources assumed the responsibilities delegated to the executive secretary by section 643.060. The position of staff director was created to provide the day-to-day operation of the Air Pollution Control Program and the Air Pollution Control Program staff was transferred to the Department of Natural Resources (DNR). The director of DNR, the staff director of the Air Pollution Control Program and the program staff enforce the rules and implement the policy of the Air Conservation Commission.

AUTHORITY: section 643.050, RSMo Supp. 1997 and 643.055 and 643.225, RSMo 1994. Original rule filed May 12, 1976, effective Oct. 11, 1976. Rescinded and readopted: Filed May 13, 1982, effective Oct. 11, 1982. Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended: Filed May 12, 1998, effective Dec. 30, 1998. *Original authority: 643.050, RSMo 1965, amended 1972, 1972, 1993, 1995; 643.055, RSMo 1977, amended 1992, 1994; and 643.225, RSMo 1989.