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

1. (1) General Provisions.

   1. (A) No person shall cause or permit the emission of visible air contaminants from any internal combustion engine for more than ten

2. (10) consecutive seconds at any one (1) time.

   1. (B) Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements of this regulation, the provisions of this regulation shall not apply.

AUTHORITY: section 643.050, RSMo 1994.* Original rule filed March 14, 1967, effective March 24, 1967.

*Original authority 1965, amended 1972, 1992, 1993. 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 the 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 U.S.C.A., Section 1857f-6a, has been complied with are questions that only the appropriate federal officials can answer.