Op. Atty. Gen. No. 331, Shell, 11-15- 71. The Missouri Air Conservation Commission has the authority under Chapter 203, RSMo (1969) to provide for the equivalent of a construction permit system by promulgating regulations to require the submission of plans and specifications for approval before any person may construct any facility which will cause air pollution, but that the commission has no such authority regarding an equivalent permit system for the operation of existing facilities which are the source of air pollution.

Op. Atty. Gen. No. 331, Shell, 11-15- 71. The Missouri Air Conservation Commission does not have any specific authority to require the installation of emission monitoring devices, but does have the authority to require reports from sources of air pollution relating to rate, period of emission and composition of effluent and to make such information available to the public, unless any such information is “confidential” as defined by section 203.050.4, RSMo (1969).

PURPOSE: This regulation specifies the time schedule for compliance with regulations by new and existing sources. Specific to the Kansas City Metropolitan Area

1. (1) Except as otherwise specified, compliance with the provisions of this regulation shall be according to the following time schedule:

   1. (A) All new installations shall comply as of going into operation;
   2. (B) All existing installations not in compliance as of March 25, 1976, shall be in compliance within six (6) months (March 25, 1977) of the effective date (September 25, 1976) unless the owner or person responsible for the operation of the installation shall have submitted to the staff director, in a form and manner satisfactory to him/her, a program and schedule for achieving compliance, the program and schedule to contain a date on or before which full compliance will be attained and other information as the staff director may require. If approved by the staff director, this date will be the date on which the person shall comply. The staff director may require persons submitting the program to submit subsequent periodic reports on progress in achieving compliance; and
   3. (C) All other dates notwithstanding, all existing installations in Buchanan County shall be in compliance with this regulation by September 1, 1970 and January 1, 1971 for 10 CSR 10-2.050, unless the owner or person responsible for the operation of the installation has submitted to the staff director, in a form and manner satisfactory to him/her, a program and schedule for achieving compliance, the program and schedule to contain a date on or before which full compliance will be attained and other information as the staff director may require. If approved by the staff director, this date will be the date on which the person shall comply.

AUTHORITY: section 203.050, RSMo 1986. Original rule filed Dec. 26, 1968, effective Jan. 5, 1969. Amended: Filed March 26, 1970, effective April 5, 1970.