Missouri Revised Statutes
Chapter 643 - Air Conservation
Section 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 — cit...

Effective - 28 Aug 2015
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. It shall be unlawful for any person to operate any regulated air contaminant source after August 28, 1992, without an operating permit except as otherwise provided in sections 643.010 to 643.190.
2. At the option of the permit applicant, a single operating permit shall be issued for a facility having multiple air contaminant sources located on one or more contiguous tracts of land, excluding public roads, highways and railroads, under the control of or owned by the permit holder and operated as a single enterprise.
3. Any person who wishes to construct or modify and operate any regulated air contaminant source shall submit an application to the department for the unified review of a construction permit application under section 643.075 and an operating permit application under this section, unless the applicant requests in writing that the construction and operating permit applications be reviewed separately. The director shall complete any unified review within one hundred * eighty days of receipt of the request for a class B source. For a class A source, the unified review shall be completed within the time period established in Section 502 of the federal Clean Air Act, as amended, 42 U.S.C. Section 7661.
4. As soon as the review process is completed for the construction and operating permits and, if the applicant complies with all applicable requirements of sections 643.010 to 643.190 and all rules adopted thereunder, the construction permit shall be issued to the applicant. The operating permit shall be retained by the department until validated.
5. Within one hundred * eighty days of commencing operations, the holder of a construction permit shall submit to the director such information as is necessary to demonstrate compliance with the provisions of sections 643.010 to 643.190 and the terms and conditions of the construction permit. The operating permit retained by the department shall be validated and forwarded to the applicant if the applicant is in compliance with the terms and conditions of the construction permit and the terms and conditions of the operating permit. The holder of a construction permit may request a waiver of the one hundred * eighty day time period and the director may grant such request by mutual agreement.
6. If the director determines that an air contaminant source does not meet the terms and conditions of the construction permit and that the operation of the source will result in emissions which exceed the limits established in the construction permit, he shall not validate the operating permit. If the source corrects the deficiency, the director shall then validate the operating permit. If the source is unable to correct the deficiency, then the director and the applicant may, by mutual agreement, add such terms and conditions to the operating permit which are deemed appropriate, so long as the emissions from the air contaminant source do not exceed the limits established in the construction permit, and the director shall validate the operating permit. The director may add terms and conditions to the operating permit which allow the source to exceed the emission limits established in the construction permit. In such a case, the director shall notify the affected public and the commission shall, upon request by any affected person, hold a public hearing upon the revised operating permit application.
7. Except as provided in subsection 8 of this section, an operating permit shall be valid for five years from the date of issuance or validation, whichever is later, unless otherwise revoked or terminated pursuant to sections 643.010 to 643.190.
8. An applicant for a construction permit for an air contaminant source with valid operating permit may request that the air contaminant source be issued a new five-year operating permit. The operating permit would be issued in the manner and under the conditions provided in sections 643.010 to 643.190 and would supersede any existing operating permit for the source.
9. The director shall take action within thirty days after a request for validation of the operating permit and shall render a decision within one hundred twenty days of receipt of a request for issuance of an operating permit for a class B source. The director shall render a decision within the time period established in Section 502 of the federal Clean Air Act, as amended, 42 U.S.C. Section 7661, for a class A source. Any affected person may appeal any permit decision, including failure to render a decision within the time period established in this section, to the administrative hearing commission as provided by subsection 16 of this section, section 621.250, and section 640.013.
10. The director may suspend, revoke or modify an operating permit for cause.
11. The director shall not approve an operating permit if he receives an objection to approval of the permit from the United States Environmental Protection Agency within the time period specified under Title V of the Clean Air Act, as amended, 42 U.S.C. Section 7661, et seq.
12. The director shall enforce all applicable federal rules, standards and requirements issued under the federal Clean Air Act, as amended, 42 U.S.C. Section 7661, et seq., and shall incorporate such applicable standards and any limitations established pursuant to Title III into operating permits as required under Title V of the federal Clean Air Act, as amended, 42 U.S.C. Section 7661, et seq.
13. Applicable standards promulgated by the commission by rule shall be incorporated by the director into the operating permit of any air contaminant source which has, on the effective date of the rule, at least three years remaining before renewal of its operating permit. If less than three years remain before renewal of the source's operating permit, such applicable standards shall be incorporated into the permit unless the permit contains a shield from such new requirements consistent with Title V of the federal Clean Air Act, as amended, 42 U.S.C. Section 7661, et seq.
14. The holder of a valid operating permit shall have operational flexibility to make changes to any air contaminant source, if the changes will not result in air contaminant emissions in excess of those established in the operating permit or result in the emissions of any air contaminant not previously emitted without obtaining a modification of the operating permit provided such changes are consistent with Section 502(b)(10) of the federal Clean Air Act, as amended, 42 U.S.C. Section 7661.
15. An air contaminant source with a valid operating permit which submits a complete application for a permit renewal at least six months prior to the expiration of the permit shall be deemed to have a valid operating permit until the director acts upon its permit application. The director shall promptly notify the applicant in writing of his action on the application and if the operating permit is not issued state the reasons therefor.
16. The applicant may appeal to the administrative hearing commission if a construction, modification, or operating permit is not issued, or renewed by the department, or may appeal any condition, suspension, modification or revocation of any permit by filing a petition with the administrative hearing commission within thirty days of the notice of the director's response to the request for issuance of the construction, modification, or operating permit as provided by sections 621.250 and 640.013. Once the administrative hearing commission has reviewed the appeal, the administrative hearing commission shall issue a recommended decision to the commission on the issuance, renewal, denial, suspension, modification, revocation, or any condition of the permit. The commission shall issue its own decision, based on the appeal, for the issuance, renewal, denial, suspension, modification, revocation, or any condition of the permit. If the commission changes a finding of fact or conclusion of law made by the administrative hearing commission, or modifies or vacates the decision recommended by the administrative hearing commission, it shall issue its own decision, which shall include findings of fact and conclusions of law. The commission shall mail copies of its final decision to the parties to the appeal or their counsel of record. The commission's decision shall be subject to judicial review pursuant to chapter 536, except that the court of appeals district with territorial jurisdiction coextensive with the county where the air contaminant source is located or is to be located shall have original jurisdiction. No judicial review shall be available until and unless all administrative remedies are exhausted.
17. Any person who obtains a valid operating permit from a city or county pursuant to the authority granted in section 643.140 shall be deemed to have met the requirements of this section.
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(L. 1992 S.B. 544, A.L. 2015 H.B. 92)
*Word "and" appears here in original rolls.

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XL - Additional Executive Departments

Chapter 643 - Air Conservation

Section 643.010 - Short title.

Section 643.020 - Definitions.

Section 643.030 - Intent of law — commission to control air pollution.

Section 643.040 - Air conservation commission created — members, terms, expenses, meetings.

Section 643.050 - Powers and duties of commission — rules, procedure.

Section 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.

Section 643.060 - Powers and duties of director.

Section 643.070 - Commission to adopt rules, notice — public hearing.

Section 643.073 - Procedure for submission of applications, fee.

Section 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.

Section 643.076 - Sections not to apply to locomotives, exception.

Section 643.077 - Operating and construction permits, transferability.

Section 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 — cit...

Section 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.

Section 643.080 - Investigations, when made — violation, how eliminated — hearing, procedure — final order, notice of.

Section 643.085 - Administrative penalties, assessment, restriction — conference, conciliation and persuasion — rules — payment — appeal — collection, disposition.

Section 643.090 - Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court.

Section 643.100 - Testimony at hearings, how recorded — subpoenas, how issued — rules hearings, how held — other hearings, how held — final orders, how approved.

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

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

Section 643.130 - Judicial review.

Section 643.140 - Political subdivisions not preempted in field of air pollution — certificate of authority to issue permits and variances, grounds for revocation.

Section 643.151 - Violations, penalties, notice — civil action — offer of settlement, method — disclosure of confidential information, penalty.

Section 643.161 - State or political subdivisions contracting with persons not having a permit or in contempt of court prohibited.

Section 643.170 - Existing penalties not to be impaired — no actionable rights created, exceptions.

Section 643.173 - Small business technical assistance program established, duties — advisory committee created, members, appointment, terms, compensation, duties.

Section 643.175 - Small business ombudsman, duties — appointment.

Section 643.190 - Department to be air pollution agency for purposes of federal air pollution control acts.

Section 643.191 - Violation of certain requirements unlawful, penalty — false statements unlawful, penalty.

Section 643.192 - Evaluation of costs of compliance — department to tabulate information — report filed, with whom, when.

Section 643.210 - Rules, promulgation.

Section 643.220 - Missouri emissions banking and trading program established by commission — promulgation of rules.

Section 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 — failur...

Section 643.228 - Training courses to be certified — evaluation by department of health and senior services, when — violation, effect — accreditation fee.

Section 643.230 - Denial, suspension or revocation by director, certifications, accreditation of training program or exemption status — grounds — procedure — appeal to commission, powers of commission.

Section 643.232 - Asbestos abatement contractor required to register annually, qualifications — project requirements — registration fee.

Section 643.235 - Registration, denial, suspension or revocation by directors, grounds — appeal to commission, procedure — commission's powers — revocation of registration, person may reapply, when.

Section 643.237 - Projects requiring special application, form, contents — procedure — fee, exemptions from fee — revision of project plans, notification of department required.

Section 643.240 - Friable material subject to regulation — air sample analysis, how conducted.

Section 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.

Section 643.245 - Natural resources protection fund — subaccounts created — purpose — lapse into general revenue prohibited — fund deposited where, by state treasurer, interest credited to fund.

Section 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.

Section 643.251 - Certification authorized for persons completing asbestos and earthquake training.

Section 643.255 - Cities, counties, state agencies, requirements.

Section 643.263 - Testing for asbestos, schools — report, contents of — reports of departments.

Section 643.265 - Department of health and senior services, department of natural resources, interagency agreement.

Section 643.300 - Citation of law — mandate of Congress.

Section 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 — re...

Section 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...

Section 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 o...

Section 643.312 - Reformulated gasoline program.

Section 643.315 - Motor vehicles subject to program, when, evidence of inspection and approval — exceptions — reciprocity with other states — dealer inspection, return of motor vehicle for failing inspection, options, violation.

Section 643.320 - Criteria for operation of inspection stations, established — application, form, fee — commission to inspect — suspension and revocation of license, procedure — required reports — alternative administrative enforcement mechanisms — s...

Section 643.325 - Certificate and sticker, commission to establish, display of, requirements.

Section 643.330 - Vehicle failure on inspection, reinspection, charge — inspector to provide written estimate, cost of repairs — department to test facilities, violations.

Section 643.335 - Waiver amount established by commission, cost, limits — verification of repairs, procedure — waiver form, affidavit — amount, how calculated — waiver amount for repairs by owner, form — waiver amount for owners receiving public assi...

Section 643.337 - Oversight of vehicle emissions inspection program — report — rulemaking authority.

Section 643.340 - Operation of vehicle without registration, when allowed — vehicle emission inspection, lawful operation beyond registration expiration, when.

Section 643.345 - Transfer of registration not allowed without emissions certificate, when — exceptions.

Section 643.350 - Inspection fee — contractor to remit portion, deposit in Missouri air emission reduction fund, use of, balance not to lapse — moneys may be deposited into general revenue fund, when — supplementation of funds.

Section 643.353 - Annual report on effectiveness of emissions inspection program, requirements.

Section 643.355 - Illegal acts, penalties.

Section 643.400 - Polystyrene foam products made from ozone depleting chemical, sale or distribution, prohibited, penalty — effective when.

Section 643.600 - Compact entered into.

Section 643.610 - Compact to be effective, when — commissioners, qualifications, terms, vacancies, how filled.

Section 643.620 - Commissioners, per diem allowed.

Section 643.640 - Emission standards to be developed for certain carbon dioxide sources — unit-by-unit analysis required, procedure — severability clause.

Section 643.650 - Sulfur dioxide, ambient air quality monitoring or modeling network.