Powers and duties of commission--rules, procedure.
643.050. 1. In addition to any other powers vested in it by law thecommission shall have the following powers:
(1) Adopt, promulgate, amend and repeal rules andregulations consistent with the general intent and purposes of sections643.010 to 643.190, chapter 536, RSMo, and Titles V and VI of the federalClean Air Act, as amended, 42 U.S.C. 7661, et seq., including but notlimited to:
(a) Regulation of use of equipment known to be a source of aircontamination;
(b) Establishment of maximum quantities of air contaminants that maybe emitted from any air contaminant source; and
(c) Regulations necessary to enforce the provisions of Title VI ofthe Clean Air Act, as amended, 42 U.S.C. 7671, et seq., regarding any ClassI or Class II substances as defined therein;
(2) After holding public hearings in accordance with section 643.070,establish areas of the state and prescribe air quality standards for suchareas giving due recognition to variations, if any, in the characteristicsof different areas of the state which may be deemed by the commission to berelevant;
(3) (a) To require persons engaged in operations which result in airpollution to monitor or test emissions and to file reports containinginformation relating to rate, period of emission and composition ofeffluent;
(b) Require submission to the director for approval of plans andspecifications for any article, machine, equipment, device, or othercontrivance specified by regulation the use of which may cause or controlthe issuance of air contaminants; but any person responsible for complyingwith the standards established under sections 643.010 to 643.190 shalldetermine, unless found by the director to be inadequate, the means,methods, processes, equipment and operation to meet theestablished standards;
(4) Hold hearings upon appeals from orders of the director or fromany other actions or determinations of the director hereunder for whichprovision is made for appeal, and in connection therewith, issue subpoenasrequiring the attendance of witnesses and the production of evidencereasonably relating to the hearing;
(5) Enter such order or determination as may be necessary toeffectuate the purposes of sections 643.010 to 643.190. In making itsorders and determinations hereunder, the commission shall exercise a sounddiscretion in weighing the equities involved and the advantages anddisadvantages to the person involved and to those affected by aircontaminants emitted by such person as set out in section 643.030. If anysmall business, as defined by section 643.020, requests information on whatwould constitute compliance with the requirements of sections 643.010 to643.190 or any order or determination of the department or commission, thedepartment shall respond with written criteria to inform the small businessof the actions necessary for compliance. No enforcement action shall beundertaken by the department or commission until the small business has hada period of time, negotiated with the department, to achieve compliance;
(6) Cause to be instituted in a court of competent jurisdiction legalproceedings to compel compliance with any final order or determinationentered by the commission or the director;
(7) Settle or compromise in its discretion, as it may deemadvantageous to the state, any suit for recovery of any penalty or forcompelling compliance with the provisions of any rule;
(8) Develop such facts and make such investigations as are consistentwith the purposes of sections 643.010 to 643.190, and, in connectiontherewith, to enter or authorize any representative of the department toenter at all reasonable times and upon reasonable notice in or upon anyprivate or public property for the purpose of inspecting or investigatingany condition which the commission or director shall have probable cause tobelieve to be an air contaminant source. The results of any suchinvestigation shall be reduced to writing, and a copy thereof shall befurnished to the owner or operator of the property. No person shall refuseentry or access, requested for purposes of inspection under thisprovision, to an authorized representative of the department who presentsappropriate credentials, nor obstruct or hamper the representative incarrying out the inspection. A suitably restricted search warrant, upon ashowing of probable cause in writing and upon oath, shall be issued by anyjudge having jurisdiction to any such representative for the purpose ofenabling him to make such inspection;
(9) Secure necessary scientific, technical, administrative andoperational services, including laboratory facilities, by contract orotherwise, with any educational institution, experiment station, or anyboard, department, or other agency of any political subdivision or state orthe federal government;
(10) Classify and identify air contaminants; and
(11) Hold public hearings as required by sections 643.010 to 643.190.
2. No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo.
3. The commission shall have the following duties with respect to theprevention, abatement and control of air pollution:
(1) Prepare and develop a general comprehensive plan for theprevention, abatement and control of air pollution;
(2) Encourage voluntary cooperation by persons or affected groups toachieve the purposes of sections 643.010 to 643.190;
(3) Encourage political subdivisions to handle air pollution problemswithin their respective jurisdictions to the extent possible andpracticable and provide assistance to political subdivisions;
(4) Encourage and conduct studies, investigations and research;
(5) Collect and disseminate information and conduct education andtraining programs;
(6) Advise, consult and cooperate with other agencies of the state,political subdivisions, industries, other states and the federalgovernment, and with interested persons or groups;
(7) Represent the state of Missouri in all matters pertaining tointerstate air pollution including the negotiations of interstate compactsor agreements.
4. Nothing contained in sections 643.010 to 643.190 shall be deemedto grant to the commission or department any jurisdiction or authority withrespect to air pollution existing solely within commercial and industrialplants, works, or shops or to affect any aspect of employer-employeerelationships as to health and safety hazards.
5. Any information relating to secret processes or methods ofmanufacture or production discovered through any communication requiredunder this section shall be kept confidential.
Powers and duties of commission--rules, procedure.
643.050. 1. In addition to any other powers vested in it by law thecommission shall have the following powers:
(1) Adopt, promulgate, amend and repeal rules andregulations consistent with the general intent and purposes of sections643.010 to 643.190, chapter 536, RSMo, and Titles V and VI of the federalClean Air Act, as amended, 42 U.S.C. 7661, et seq., including but notlimited to:
(a) Regulation of use of equipment known to be a source of aircontamination;
(b) Establishment of maximum quantities of air contaminants that maybe emitted from any air contaminant source; and
(c) Regulations necessary to enforce the provisions of Title VI ofthe Clean Air Act, as amended, 42 U.S.C. 7671, et seq., regarding any ClassI or Class II substances as defined therein;
(2) After holding public hearings in accordance with section 643.070,establish areas of the state and prescribe air quality standards for suchareas giving due recognition to variations, if any, in the characteristicsof different areas of the state which may be deemed by the commission to berelevant;
(3) (a) To require persons engaged in operations which result in airpollution to monitor or test emissions and to file reports containinginformation relating to rate, period of emission and composition ofeffluent;
(b) Require submission to the director for approval of plans andspecifications for any article, machine, equipment, device, or othercontrivance specified by regulation the use of which may cause or controlthe issuance of air contaminants; but any person responsible for complyingwith the standards established under sections 643.010 to 643.190 shalldetermine, unless found by the director to be inadequate, the means,methods, processes, equipment and operation to meet theestablished standards;
(4) Hold hearings upon appeals from orders of the director or fromany other actions or determinations of the director hereunder for whichprovision is made for appeal, and in connection therewith, issue subpoenasrequiring the attendance of witnesses and the production of evidencereasonably relating to the hearing;
(5) Enter such order or determination as may be necessary toeffectuate the purposes of sections 643.010 to 643.190. In making itsorders and determinations hereunder, the commission shall exercise a sounddiscretion in weighing the equities involved and the advantages anddisadvantages to the person involved and to those affected by aircontaminants emitted by such person as set out in section 643.030. If anysmall business, as defined by section 643.020, requests information on whatwould constitute compliance with the requirements of sections 643.010 to643.190 or any order or determination of the department or commission, thedepartment shall respond with written criteria to inform the small businessof the actions necessary for compliance. No enforcement action shall beundertaken by the department or commission until the small business has hada period of time, negotiated with the department, to achieve compliance;
(6) Cause to be instituted in a court of competent jurisdiction legalproceedings to compel compliance with any final order or determinationentered by the commission or the director;
(7) Settle or compromise in its discretion, as it may deemadvantageous to the state, any suit for recovery of any penalty or forcompelling compliance with the provisions of any rule;
(8) Develop such facts and make such investigations as are consistentwith the purposes of sections 643.010 to 643.190, and, in connectiontherewith, to enter or authorize any representative of the department toenter at all reasonable times and upon reasonable notice in or upon anyprivate or public property for the purpose of inspecting or investigatingany condition which the commission or director shall have probable cause tobelieve to be an air contaminant source. The results of any suchinvestigation shall be reduced to writing, and a copy thereof shall befurnished to the owner or operator of the property. No person shall refuseentry or access, requested for purposes of inspection under thisprovision, to an authorized representative of the department who presentsappropriate credentials, nor obstruct or hamper the representative incarrying out the inspection. A suitably restricted search warrant, upon ashowing of probable cause in writing and upon oath, shall be issued by anyjudge having jurisdiction to any such representative for the purpose ofenabling him to make such inspection;
(9) Secure necessary scientific, technical, administrative andoperational services, including laboratory facilities, by contract orotherwise, with any educational institution, experiment station, or anyboard, department, or other agency of any political subdivision or state orthe federal government;
(10) Classify and identify air contaminants; and
(11) Hold public hearings as required by sections 643.010 to 643.190.
2. No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo.
3. The commission shall have the following duties with respect to theprevention, abatement and control of air pollution:
(1) Prepare and develop a general comprehensive plan for theprevention, abatement and control of air pollution;
(2) Encourage voluntary cooperation by persons or affected groups toachieve the purposes of sections 643.010 to 643.190;
(3) Encourage political subdivisions to handle air pollution problemswithin their respective jurisdictions to the extent possible andpracticable and provide assistance to political subdivisions;
(4) Encourage and conduct studies, investigations and research;
(5) Collect and disseminate information and conduct education andtraining programs;
(6) Advise, consult and cooperate with other agencies of the state,political subdivisions, industries, other states and the federalgovernment, and with interested persons or groups;
(7) Represent the state of Missouri in all matters pertaining tointerstate air pollution including the negotiations of interstate compactsor agreements.
4. Nothing contained in sections 643.010 to 643.190 shall be deemedto grant to the commission or department any jurisdiction or authority withrespect to air pollution existing solely within commercial and industrialplants, works, or shops or to affect any aspect of employer-employeerelationships as to health and safety hazards.
5. Any information relating to secret processes or methods ofmanufacture or production discovered through any communication requiredunder this section shall be kept confidential.
Powers and duties of commission--rules, procedure.
643.050. 1. In addition to any other powers vested in it by law thecommission shall have the following powers:
(1) Adopt, promulgate, amend and repeal rules andregulations consistent with the general intent and purposes of sections643.010 to 643.190, chapter 536, RSMo, and Titles V and VI of the federalClean Air Act, as amended, 42 U.S.C. 7661, et seq., including but notlimited to:
(a) Regulation of use of equipment known to be a source of aircontamination;
(b) Establishment of maximum quantities of air contaminants that maybe emitted from any air contaminant source; and
(c) Regulations necessary to enforce the provisions of Title VI ofthe Clean Air Act, as amended, 42 U.S.C. 7671, et seq., regarding any ClassI or Class II substances as defined therein;
(2) After holding public hearings in accordance with section 643.070,establish areas of the state and prescribe air quality standards for suchareas giving due recognition to variations, if any, in the characteristicsof different areas of the state which may be deemed by the commission to berelevant;
(3) (a) To require persons engaged in operations which result in airpollution to monitor or test emissions and to file reports containinginformation relating to rate, period of emission and composition ofeffluent;
(b) Require submission to the director for approval of plans andspecifications for any article, machine, equipment, device, or othercontrivance specified by regulation the use of which may cause or controlthe issuance of air contaminants; but any person responsible for complyingwith the standards established under sections 643.010 to 643.190 shalldetermine, unless found by the director to be inadequate, the means,methods, processes, equipment and operation to meet theestablished standards;
(4) Hold hearings upon appeals from orders of the director or fromany other actions or determinations of the director hereunder for whichprovision is made for appeal, and in connection therewith, issue subpoenasrequiring the attendance of witnesses and the production of evidencereasonably relating to the hearing;
(5) Enter such order or determination as may be necessary toeffectuate the purposes of sections 643.010 to 643.190. In making itsorders and determinations hereunder, the commission shall exercise a sounddiscretion in weighing the equities involved and the advantages anddisadvantages to the person involved and to those affected by aircontaminants emitted by such person as set out in section 643.030. If anysmall business, as defined by section 643.020, requests information on whatwould constitute compliance with the requirements of sections 643.010 to643.190 or any order or determination of the department or commission, thedepartment shall respond with written criteria to inform the small businessof the actions necessary for compliance. No enforcement action shall beundertaken by the department or commission until the small business has hada period of time, negotiated with the department, to achieve compliance;
(6) Cause to be instituted in a court of competent jurisdiction legalproceedings to compel compliance with any final order or determinationentered by the commission or the director;
(7) Settle or compromise in its discretion, as it may deemadvantageous to the state, any suit for recovery of any penalty or forcompelling compliance with the provisions of any rule;
(8) Develop such facts and make such investigations as are consistentwith the purposes of sections 643.010 to 643.190, and, in connectiontherewith, to enter or authorize any representative of the department toenter at all reasonable times and upon reasonable notice in or upon anyprivate or public property for the purpose of inspecting or investigatingany condition which the commission or director shall have probable cause tobelieve to be an air contaminant source. The results of any suchinvestigation shall be reduced to writing, and a copy thereof shall befurnished to the owner or operator of the property. No person shall refuseentry or access, requested for purposes of inspection under thisprovision, to an authorized representative of the department who presentsappropriate credentials, nor obstruct or hamper the representative incarrying out the inspection. A suitably restricted search warrant, upon ashowing of probable cause in writing and upon oath, shall be issued by anyjudge having jurisdiction to any such representative for the purpose ofenabling him to make such inspection;
(9) Secure necessary scientific, technical, administrative andoperational services, including laboratory facilities, by contract orotherwise, with any educational institution, experiment station, or anyboard, department, or other agency of any political subdivision or state orthe federal government;
(10) Classify and identify air contaminants; and
(11) Hold public hearings as required by sections 643.010 to 643.190.
2. No rule or portion of a rule promulgated under the authority ofthis chapter shall become effective unless it has been promulgated pursuantto the provisions of section 536.024, RSMo.
3. The commission shall have the following duties with respect to theprevention, abatement and control of air pollution:
(1) Prepare and develop a general comprehensive plan for theprevention, abatement and control of air pollution;
(2) Encourage voluntary cooperation by persons or affected groups toachieve the purposes of sections 643.010 to 643.190;
(3) Encourage political subdivisions to handle air pollution problemswithin their respective jurisdictions to the extent possible andpracticable and provide assistance to political subdivisions;
(4) Encourage and conduct studies, investigations and research;
(5) Collect and disseminate information and conduct education andtraining programs;
(6) Advise, consult and cooperate with other agencies of the state,political subdivisions, industries, other states and the federalgovernment, and with interested persons or groups;
(7) Represent the state of Missouri in all matters pertaining tointerstate air pollution including the negotiations of interstate compactsor agreements.
4. Nothing contained in sections 643.010 to 643.190 shall be deemedto grant to the commission or department any jurisdiction or authority withrespect to air pollution existing solely within commercial and industrialplants, works, or shops or to affect any aspect of employer-employeerelationships as to health and safety hazards.
5. Any information relating to secret processes or methods ofmanufacture or production discovered through any communication requiredunder this section shall be kept confidential.
