PURPOSE: This regulation prohibits the emission of excessive visible air contaminants from an internal combustion engine.

1. (1) No person may cause or permit the emission of visible air contaminants in excess of the amounts specified in 10 CSR 10-2.060(1) from the internal combustion engine of the following:

   1. (A) Portable or stationary equipment for longer than ten (10) consecutive seconds;
   2. (B) A motor vehicle while the vehicle is stationary for longer than ten (10) seconds; or
   3. (C) A motor vehicle after the vehicle has moved more than one hundred (100) yards from a place where the vehicle was stationary.

2. (2) Exceptions.

   1. (A) The provisions of this regulation shall not apply to jet or other aircraft engines.
   2. (B) This regulation shall not apply when the presence of uncombined water is the only reason for the failure of an emission to meet the requirements of this regulation.

AUTHORITY: section 203.050, RSMo (1986). Original rule filed Dec. 26, 1968, effective Jan. 5, 1969. Op. Atty. Gen. No. 331, Shell, 11-15- 71. The state of Missouri has the authority to inspect for “air pollution control devices” which may be installed on motor vehicles as a requirement to comply with applicable emission regulations but whether regulations and inspections would accomplish the purpose of “enforcing compliance with applicable emission standards” which are federal standards and whether the preemption provision of 42 USCA, Section 1857f-6a has been complied with are questions that only the appropriate federal officials can answer. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo (1969) to adopt emission control regulations, including limitations on the content of fuels, which will attain and maintain national air quality standards, if the state standards are the same or more stringent.