Mo. Code Regs. tit. 10 § 10-1.010

Current through Register Vol. 49, No.12, June 17, 2024

Section 10 CSR 10-1.010 - General Organization

PURPOSE: This rule provides a description of the organization and general methods and scope of operation of the Missouri Air Conservation Commission and the Air Pollution Control Program of the Missouri Department of Natural Resources and provides for public information and participation. This amendment will remove the unnecessary uses of restrictive words. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Executive Order 17-03 and the public hearing testimony for this rulemaking.

(1) Applicability. (NotApplicable)

(2) Definitions. (NotApplicable)

(3) General Provisions.

(A) Authorization. Chapter 643, RSMo.

(B) Organization and Operation.

1. Air Conservation Commission. The seven (7) member commission is the state's governing body for the control, abatement, and prevention of air pollution (643.030 and 643.040, RSMo) having authority (643.050, 643.055, 643.225, and 643.305, RSMo) to-

A. Adopt, promulgate, amend, and rescind rules;

B. Establish air quality control regions;

C. Require submission of relevant information;

D. Conduct and hold hearings upon appeals from orders, permit denials, and other actions of the director, settle compliance disputes at public hearings before the commission, or refer alleged violations to the county prosecutor or attorney general;

E. Develop facts, make investigations, and make orders and determinations;

F. Prepare and develop a comprehensive plan for the prevention, abatement, and control of air pollution, including emergency alert procedures;

G. Grant authority to political subdivisions to control air pollution;

H. Grant, modify, and revoke exceptions and variances to rules; and

I. Suspend the order of rulemaking when necessary for public health, safety, and welfare prior to filing the final order of rulemaking.

2. Director. The director of the Department of Natural Resources, serving at the pleasure of the governor, or the director's authorized representative, has the responsibility and the authority (643.060, RSMo) to-

A. Employ staff and consultants as necessary to carry out the Missouri Air Conservation Law;

B. Accept, receive, and administer grants, gifts, or other funds from public and private agencies;

C. Receive, budget, and expend appropriated moneys;

D. Arrange, notify, attend, and record all meetings of the Missouri Air Conservation Commission (MACC);

E. Investigate complaints, issue abatement orders, recommend that the MACC request legal action be taken by the attorney general under 643.090.2, RSMo, recommend legal action be taken by the attorney general under 643.090.2, RSMo, and enforce provisions of the Missouri Air Conservation Law;

F. Receive and act upon reports, plans, specifications, and permit applications submitted under rules promulgated by MACC;

G. Receive and investigate petitions for variances and submit recommendations to MACC;

H. Carry out the directions of MACC between meetings including conducting inspections and investigations, obtaining and assembling data, and preparing reports;

I. Submit revisions of the State Implementation Plan (SIP) to the United States Environmental Protection Agency (EPA) for approval; and

J. Enact air pollution emergency alert procedures.

3. Staff director. The staff director of the Air Pollution Control Program of the Department of Natural Resources serves at the pleasure of the commission and handles the day-to-day matters, including all responsibilities delegated to the director's authorized representative.

4. Air Pollution Control Program. The program is divided into five (5) sections with the main task descriptions listed below-

A. The Fiscal and Budget Section-

(I) Serves as human resource liaison and training coordinator;

(II) Oversees sunshine request responses and record management;

(III) Prepares annual program budget;

(IV) Coordinates proposed legislation and fiscal note responses at the department's request;

(V) Processes all financial transactions for procurement, deposits, collections, and payroll;

(VI) Manages the cash accounts;

(VII) Administers grants; and

(VIII) Maintains physical inventory and fixed assets;

B. The Compliance and Enforcement Section-

(I) Provides compliance assistance to regulated entities;

(II) Coordinates with and provides oversight of the regional offices and the local air pollution control agencies in matters of compliance and enforcement;

(III) Administers an asbestos program;

(IV) Administers a gasoline vapor recovery program;

(V) Administers a motor vehicle inspection/maintenance program;

(VI) Oversees source compliance testing;

(VII) Resolves violations through out-of-court settlements or orders with the assistance of the attorney general's office or the department's legal counsel;

(VIII) Requests approval from MACC for referral to the attorney general's office for those violations in which a settlement was not achieved; and

(IX) Provides technical reviews and recommendations for variance requests to MACC;

C. The Air Quality Analysis Section-

(I) Develops and quality-assures the point, area, and mobile source emission inventory for E PA National Emissions Inventory (NEI) submittal and program use;

(II) Coordinates with the Environmental Services Program and local air pollution control agencies when applicable on establishing and maintaining ambient air monitoring sites and collecting ambient air data;

(III) Develops and implements the annual Monitoring Network Plan and coordinates Ambient Air Monitoring Network Reviews;

(IV) Reviews and approves permit applicant ambient air quality monitoring Quality Assurance Project Plans (QAPPs);

(V) Conducts and provides emissions and ambient air quality analysis for other sections in the program;

(VI) Updates and maintains the program's air quality monitoring, emissions, and other databases; and

(VII) Develops risk assessment levels in support of the

Title V program for review and approval by the Department of Health and Senior Services;

D. The Air Quality Planning Section-

(I) Maintains state air rules and Missouri SIP for consistency with the latest federal and state requirements;

(II) Develops, tracks, and implements rulemakings for new rules, amendments to rules, and rescissions of rules;

(III) Develops, tracks, and implements SIP revisions;

(IV) Conducts air quality modeling to support rule and SIP actions;

(V) Implements public participation requirements of state and federal laws for rulemakings and SIP revisions;

(VI) Coordinates rulemakings and SIP actions with the secretary of state, EPA, other regulatory bodies, private industries, environmental interests, and other stakeholders; and

(VII) Establishes mobile source emissions budgets and participates in inter-agency consultation processes in accordance with federal transportation conformity requirements to ensure transportation activities are consistent with air quality goals; and

E. The Permits Section-

(I) Receives, evaluates, and makes recommendations to the director to approve, approve with conditions, or deny applications for construction permits;

(II) Provides technical support to legal counsel for permits issued and appealed by an applicant or citizen;

(III) Reviews construction permits prepared by local air pollution control agencies;

(IV) Processes operating permit applications, amendments, and modifications in a timely manner according to the rules and requirements;

(V) Processes relocation notification for portable equipment; and

(VI) Maintains the Missouri Clean Air Act Title V Program to ensure continued authorization of the program in Missouri.

(C) Public Information. The Air Pollution Control Program provides information to the public as follows:

1. Publish a notice in the Jefferson City, Missouri newspaper to provide information on how the public may review and provide comment on draft rule text and Regulatory Impact Reports for a period of at least sixty (60) days;

2. Post public hearing notices for rule and SIP actions at least thirty (30) days prior to public hearing on the Air Pollution Control Program's website and send via email to established program distribution list that includes parties and other interested stakeholders. These notices provide information on timing of proposed MACC actions and how the public may participate in all rulemaking and SIP actions. Contact the Air Pollution Control Program Air Quality Planning Section Chief to be added to the email distribution list;

3. Publish in the Missouri Register-

A. Proposed rule actions at least thirty (30) days prior to a public hearing; and

B. Final rule actions adopted by MACC with recognition of public hearing comments;

4. Provide construction and operating permit notices as described in 10 CSR 10-6.060 Construction Permits Required and 10 CSR 10-6.065 Operating Permits; and

5. Present revisions to department-supplied forms to the regulated community for a thirty (30)-day comment period. Shorter duration comment periods are used in instances where form changes are non-mandatory such as typographical errors, spelling corrections, or adding non-mandatory reference information; and

6. Make all records retained for or by the Air Pollution Control Program available for public inspection and copying by any person, except for records which are designated as confidential under Missouri law.

(D) Reorganization of 1974. The Omnibus Reorganization Act of 1974 transferred the Air Conservation Commission and its functions (Chapter 643, RSMo) by Type II transfer. Under this act, the position of executive secretary was abolished and the director of the Department of Natural Resources assumed the responsibilities delegated to the executive secretary by 643.060, RSMo. The position of staff director was created to provide the day-to-day operation of the Air Pollution Control Program and the Air Pollution Control Program staff was transferred to the Department of Natural Resources (DNR). The director of DNR, the staff director of the Air Pollution Control Program, and the program staff enforce the rules and implement the policy of the Air Conservation Commission.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test Methods. (Not Applicable)

10 CSR 10-1.010

AUTHORITY: sections 643.050 and 643.225, RSMo Supp. 2012, and section 643.055, RSMo 2000. Original rule filed May 12, 1976, effective Oct. 11 , 1976. Rescinded and readopted: Filed May 13, 1982, effective Oct. 11 , 1982. Amended: Filed April 2, 1987, effective 8/27/1987. Amended: Filed May 12, 1998, effective 12/30/1998. Amended: Filed Oct. 2, 2012, effective 7/30/2013.

Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995; 643.055, RSMo 1979, amended 1992, 1994; and 643.225, RSMo 1989, amended 2011 , 2012.