reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.030 - Intent of law — commission to control air pollution.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1965
643.030. Intent of law — commission to control air pollution. —
The discharge into the ambient air of air contaminants so as to cause or contribute to air pollution is contrary to the public policy of Missouri and in violation of this chapter. It is the intent and purpose of this chapter to maintain purity of the air resources of the state to protect the health, general welfare and physical property of the people, maximum employment and the full industrial development of the state. The commission shall seek the accomplishment of this objective through the prevention, abatement and control of air pollution by all practical and economically feasible methods.
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(L. 1965 p. 335 § 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.060 - Powers and duties of director.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 2011
643.060. Powers and duties of director. —
In addition to any other powers vested by law, the director shall have the following powers and duties:
(1) Retain, employ, provide for, and compensate, within appropriations available therefor, such consultants, assistants, deputies, clerks, and other employees on a full- or part-time basis as may be necessary to carry out the provisions of sections 643.010 to 643.355 and prescribe the times at which they shall be appointed and their powers and duties;
(2) Accept, receive and administer grants or other funds or gifts from public and private agencies including the federal government for the purpose of carrying out any of the functions of sections 643.010 to 643.355. The director shall apply for all available grants and funds authorized and distributed pursuant to Title XI of the federal Clean Air Act, as amended, 29 U.S.C. 1662e, for training, assistance and payments to eligible individuals. The director shall report annually to the governor and the general assembly the amount of revenue received under Title XI of the Clean Air Act and the distribution of such funds to eligible persons. Funds received by the director pursuant to this section shall be deposited with the state treasurer and held and disbursed by him in accordance with the appropriations of the general assembly. The director is authorized to enter into contracts as he may deem necessary for carrying out the provisions of sections 643.010 to 643.355;
(3) Budget and receive duly appropriated moneys for expenditures to carry out the provisions and purposes of sections 643.010 to 643.355;
(4) Administer and enforce sections 643.010 to 643.355, investigate complaints, issue orders and take all actions necessary to implement sections 643.010 to 643.355;
(5) Receive and act upon reports, plans, specifications and applications submitted under rules promulgated by the commission. Any person aggrieved by any action of the director under this provision shall be entitled to a hearing before the commission as provided in section 643.080. The commission may sustain, reverse, or modify any action of the director taken under this provision, or make such other order as the commission shall deem appropriate under the circumstances.
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(L. 1965 p. 335 § 6, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544, A.L. 2011 H.B. 89)
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.070 - Commission to adopt rules, notice — public hearing.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1993
643.070. Commission to adopt rules, notice — public hearing. —
1. The commission shall adopt rules pursuant to chapter 536. The commission shall notify any air pollution control agency with a certificate of authority which may be affected by the rule and any person who has previously requested notice when the proposed rulemaking is submitted to the secretary of state for publication in the Missouri Register. In addition, any interested persons, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of their views. The commission may solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules and regulations, or standards. Any person heard or represented at the hearing or making written request for notice shall be given written notice of the action of the commission with respect to the subject thereof.
2. Rules shall be approved after public hearing and shall be approved in writing by at least four members of the commission.
3. Any rule or any amendment or repeal thereof which is adopted by the commission may differ in its terms and provisions for particular types and conditions of air pollution or air contamination, for particular air contaminant sources, and for particular areas of the state.
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(L. 1965 p. 335 § 7, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544, A.L. 1993 S.B. 52)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.073 - Procedure for submission of applications, fee.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1992
643.073. Procedure for submission of applications, fee. —
1. The commission shall establish, by rule, a procedure for the orderly submission of applications for an operating permit by those regulated air contaminant sources in operation on August 28, 1992, and procedures for the issuance of operating permits. Any person who operates an air contaminant source on or after August 28, 1992, shall submit to the department, with the application, payment of a one hundred-dollar fee with the request for the approval of an operating permit.
2. Any person who wishes to construct or modify and operate any regulated air contaminant source shall submit an application to the department. The commission shall establish, by rule, procedures for the orderly submission of applications for those persons that wish to construct or modify and operate any regulated air contaminant source and procedures for the issuance of a permit to construct or modify and operate. The department shall review applications within the time period established in sections 643.075 and 643.078 or under section 502 of the federal Clean Air Act, as amended, 42 U.S.C. 7661, as appropriate, unless an extension is requested by the applicant and approved by the director. Each applicant must obtain both a construction permit and an operating permit but the department shall establish a unified review, hearing and approval process. The holder of a valid operating permit shall have operational flexibility to make changes to any air contaminant source under the provisions of subsection 14 of section 643.078 without submitting an application for an operating permit under this section.
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(L. 1992 S.B. 544)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.076 - Sections not to apply to locomotives, exception.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1992
643.076. Sections not to apply to locomotives, exception. —
The provisions of sections 643.073, 643.075, 643.078 and 643.079 shall not apply to locomotives or engines used in locomotives engaged in interstate commerce unless otherwise required under the provisions of the Federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
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(L. 1992 S.B. 544 § 1)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.077 - Operating and construction permits, transferability.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1992
643.077. Operating and construction permits, transferability. —
An operating permit or associated construction permit authorized pursuant to section 643.073 shall be applicable to an operating source and such permit or permits shall transfer to any new owner of an operating source with the change of ownership of said operating source.
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(L. 1992 S.B. 544 § 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.090 - Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1992
643.090. Generalized condition, emergency risk, what action taken — nongeneralized condition, cease and desist order — injunctive relief, priority in court. —
1. If the commission or the director finds that a generalized condition of the ambient air due to meteorological conditions and a buildup of air contaminants in any portion of this state constitutes or may constitute an emergency risk to the public health, safety or welfare of those in the area, the commission or the director shall declare that an emergency exists and may, with the written approval of the governor, by order prohibit, restrict or condition all sources of air contaminants contributing to the emergency condition during such periods of time necessary to alleviate or lessen the effects of the emergency condition. The commission shall adopt rules and regulations to implement this subsection. Orders issued pursuant to this subsection shall be enforced by the commission and the state and local police and local air conservation enforcement personnel. Those authorized to enforce such orders may take such reasonable steps as are required to assure compliance therewith.
2. In the absence of a generalized condition of air contaminants as referred to in subsection 1 of this section, and notwithstanding other provisions of this or any other law to the contrary, if the commission or the director determines that any person is engaging or may engage in any activity involving a significant risk of air contamination or is discharging or causing to be discharged into the ambient air, directly or indirectly, any air contaminant, and such activity or discharge constitutes a clear and present danger to the public health or public welfare or the environment, the commission or the director shall issue a written cease and desist order to said person to discontinue immediately such activity or discharge; provided, however, the commission may countermand such order of the director. If such person, notwithstanding such order, continues the activity or discharge of such contaminants into the atmosphere, the commission or the director shall cause to be filed by the attorney general or other counsel in the name of this state, suit for a temporary restraining order, temporary injunction, and permanent injunction. Any such action shall be given precedence over all other matters pending in the circuit courts.
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(L. 1965 p. 335 § 8, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.100 - Testimony at hearings, how recorded — subpoenas, how issued — rules hearings, how held — other hearings, how held — final orders, how approved.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1992
643.100. Testimony at hearings, how recorded — subpoenas, how issued — rules hearings, how held — other hearings, how held — final orders, how approved. —
1. At any public hearing all testimony taken before the commission shall be under oath and recorded. The transcript so recorded shall be made available to any member of the public or to the respondent or party to any hearing.
2. In any such hearing, any member of the commission or the hearing officer shall issue in the name of the commission notice of hearing and subpoenas. Subpoenas shall be issued and enforced as provided in section 536.077. The rules of discovery that apply to any civil case apply to hearings held by the commission.
3. (1) All hearings to promulgate rules and to establish areas of the state shall be held before at least four members of the commission.
(2) All other hearings may be held before one commission member designated by the commission chairman or by a hearing officer who shall be a member of the Missouri bar and shall be appointed by the commission. The hearing officer or commission member shall preside at the hearing and hear all evidence and rule on the admissibility of evidence. The hearing officer or commission member shall make recommended findings of fact and may make recommended conclusions of law to the commission.
(3) All final orders or determinations or other final actions by the commission shall be approved in writing by at least four members of the commission. Any commission member approving in writing any final order or determination or other final action, who did not attend the hearing, shall do so only after reviewing all exhibits and reading the entire transcript.
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(L. 1965 p. 335 § 9, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.120 - Commission shall act upon request — decision rendered, when — action to compel completion of proceedings.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1992
643.120. Commission shall act upon request — decision rendered, when — action to compel completion of proceedings. —
The commission shall promptly act upon any request for a hearing or appeal which is filed pursuant to the provisions of this chapter. The commission shall cause a hearing to be set within sixty days of a request for hearing or appeal. The record, which shall consist of a transcript of all testimony taken, all exhibits, final arguments or briefs of the parties and recommended findings of fact and conclusions of law if required of a designated commission member or hearing officer pursuant to subsection 3 of section 643.100, shall be submitted to the commission within sixty days after the hearing. The commission shall render a decision within sixty days after the submission of the record. The time limitations in this section may be shortened or enlarged by consent of the parties and the commission as justice may require. A party aggrieved by unreasonable delay on the part of the commission or member or hearing officer designated to conduct the proceedings may file an action in the circuit court of Cole County to compel the completion of the administrative proceedings and a final decision by the commission and to recover from the commission all attorney fees reasonably incurred as a result of the delay.
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(L. 1965 p. 335 § 11, A.L. 1972 H.B. 1184, A.L. 1988 H.B. 1187, A.L. 1992 S.B. 544)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.130 - Judicial review.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 2012, 2 histories
643.130. Judicial review. —
All final orders or determinations of the commission or the director hereunder shall be subject to judicial review pursuant to the provisions of sections 536.100 to 536.140, except that, the provisions of section 536.110 notwithstanding, all actions seeking judicial review of any final determination of the commission or the director relating to Part 70 operating permits and construction permits or permit applications filed under or related to the prevention of significant deterioration, major nonattainment area source, or major new source review programs shall be filed in the court of appeals instead of in the circuit court. No judicial review shall be available hereunder, however, unless and until all administrative remedies are exhausted.
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(L. 1965 p. 335 § 12, A.L. 1992 S.B. 544, A.L. 2011 H.B. 89, A.L. 2012 H.B. 1251)
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.161 - State or political subdivisions contracting with persons not having a permit or in contempt of court prohibited.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1992
643.161. State or political subdivisions contracting with persons not having a permit or in contempt of court prohibited. —
1. No officer, agency or department of the state government, or of any political subdivision of this state shall enter into a contract with any person required to apply for a permit under the provisions of sections 643.010 to 643.190 unless such person has applied for or received a permit or has been granted a variance therefor pursuant to sections 643.010 to 643.190.
2. No contract shall be entered into by any such governmental authority with any person who is in contempt of any court order enforcing the provisions of sections 643.010 to 643.190.
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(L. 1972 H.B. 1184 § 203.160, A.L. 1992 S.B. 544)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.170 - Existing penalties not to be impaired — no actionable rights created, exceptions.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1992
643.170. Existing penalties not to be impaired — no actionable rights created, exceptions. —
1. Existing civil or criminal remedies for any wrongful action which is a violation of any part of this chapter or any rule of the commission promulgated hereunder shall not be excluded or impaired by sections 643.010 to 643.190.
2. Nothing in sections 643.010 to 643.190 shall be construed to create or imply a private cause of action for a violation of sections 643.010 to 643.190. A determination by the director, the commission or political subdivisions under section 643.140 that air pollution or air contamination exists or that any rule, ordinance or order has been violated, whether or not a proceeding or action is brought by the state, shall not create by reason thereof any presumption of law which shall inure to or be for the benefit of any person other than the state, the commission or political subdivision.
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(L. 1965 p. 335 § 15, A.L. 1972 H.B. 1184, A.L. 1992 S.B. 544)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.173 - Small business technical assistance program established, duties — advisory committee created, members, appointment, terms, compensation, duties.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1992
643.173. Small business technical assistance program established, duties — advisory committee created, members, appointment, terms, compensation, duties. —
1. There is hereby established within the department of natural resources a "Small Business Technical Assistance Program" which shall provide support and assistance to small business. To the maximum extent possible, the program shall be functionally separate from the department's air pollution enforcement responsibilities. The program shall advise regulated small business regarding permit application requirements, applicable provisions of 643.010 to 643.190, and such other matters affecting small business as deemed appropriate by the committee. The commission shall establish time frames in which specific classes of deficiencies, except those affecting public health or the environment, shall be corrected.
2. The small business technical assistance program shall be advised by a "Small Business Compliance Advisory Committee" which is hereby created. One member shall be appointed by the director of the department, two members shall be appointed by the governor to represent the public and four owners of small businesses regulated under this chapter shall be appointed by the general assembly, one each appointed by the majority and minority leaders of each chamber of the general assembly. No member of the air conservation commission shall serve as a member of the small business compliance advisory committee. The term of office shall be four years except that of those first appointed, one member appointed by the governor, one member appointed by the senate and one member appointed by the house of representatives shall be appointed to two-year terms. Members shall serve until their successors are duly appointed and qualified and vacancies shall be filled by appointment for the remaining portion of the unexpired term created by the vacancy. The members shall be reimbursed for actual and necessary expenses incurred in the performance of their duties while in attendance at committee meetings.
3. The committee shall:
(1) Receive reports from the ombudsman pursuant to section 643.175;
(2) Evaluate the impact of sections 643.010 to 643.190 and the rules promulgated thereunder on small business;
(3) Review and assess the impact of enforcement policies on small business operations in Missouri;
(4) Recommend to the department, the commission and the general assembly, as appropriate, changes in procedure, in rules or in the law which would facilitate small business compliance with sections 643.010 to 643.190;
(5) Recommend to the commission rules establishing an expedited review of modifications for small businesses;
(6) Conduct hearings, determine facts and make investigations consistent with the purposes of this section.
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(L. 1992 S.B. 544)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.175 - Small business ombudsman, duties — appointment.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1992
643.175. Small business ombudsman, duties — appointment. —
1. There is created within the office of governor a small business ombudsman who shall:
(1) Monitor the small business technical assistance program established in section 643.173;
(2) Advise and assist small businesses regulated under sections 643.010 to 643.190;
(3) Recommend to the committee and the commission appropriate changes in the rules which would facilitate small business compliance with sections 643.010 to 643.190;
(4) Receive and review complaints about the administration of sections 643.010 to 643.190 as such administration affects small business; and
(5) Issue a report with recommendations to the department within one hundred twenty days of receiving a complaint from a small business. The department shall take action to remedy the complaint and notify the ombudsman of its action within thirty days of receipt or submit a written explanation of its reasons for not complying with the recommendations of the ombudsman.
2. The small business ombudsman shall be appointed by the governor, with the advice and consent of the senate for a term of office which shall be concurrent with that of the governor. The ombudsman may be reappointed. A vacancy shall be filled for the remainder of the unexpired term.
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(L. 1992 S.B. 544)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.190 - Department to be air pollution agency for purposes of federal air pollution control acts.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1992
643.190. Department to be air pollution agency for purposes of federal air pollution control acts. —
The department of natural resources is hereby designated as the air pollution agency of the state for all purposes of any federal air pollution control act and may:
(1) Take all necessary or appropriate action to obtain for the state the benefits of any federal act;
(2) Apply for and receive federal funds made available under any federal act;
(3) Approve projects for which loans or grants under any federal act are made to any municipality or agency of the state;
(4) Participate through its authorized representatives in proceedings under any federal act and recommend measures for the reduction of air pollution originating within the state.
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(L. 1972 H.B. 1184, A.L. 1992 S.B. 544)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.191 - Violation of certain requirements unlawful, penalty — false statements unlawful, penalty.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 2011
643.191. Violation of certain requirements unlawful, penalty — false statements unlawful, penalty. —
1. It is unlawful for any person to knowingly violate any applicable standard, limitation, permit condition or any fee or filing requirement promulgated pursuant to sections 643.010 to 643.355 or any rule promulgated thereunder. Any person violating the provisions of this subsection shall, upon conviction thereof, be subject to a fine of not more than ten thousand dollars per day of violation or part thereof.
2. It is unlawful for any person to knowingly make a false statement, representation or certification in any form, in any notice or report required by a permit or to knowingly render inaccurate any monitoring device or method required to be maintained by the permitting authority under sections 643.010 to 643.355. Any person violating the provisions of this subsection shall, upon conviction thereof, be subject to a fine of not more than ten thousand dollars for each instance of violation.
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(L. 1992 S.B. 544 § 577.200, A.L. 2011 H.B. 89)
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.192 - Evaluation of costs of compliance — department to tabulate information — report filed, with whom, when.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1994
643.192. Evaluation of costs of compliance — department to tabulate information — report filed, with whom, when. —
1. Sources required to file an annual emissions inventory questionnaire with the department shall submit, with the questionnaire, an evaluation of the additional costs of doing business attributable to the federal Clean Air Act, as amended. The source also shall submit an estimate of the number of jobs reduced or added at each individual business as a result of compliance with the federal Clean Air Act, as amended.
2. The department shall tabulate information required to be submitted by employers under this section into a summary of the costs to the state attributable to compliance with the federal Clean Air Act, as amended. The department also shall tabulate the annual changes in air quality measured by the department and local and county air pollution control agencies, as required by the federal Clean Air Act, as amended. The department shall provide an annual report to the commission and the general assembly beginning on January 1, 1995, which includes a summary of the information gathered pursuant to this section and the information required to be reported under subsection 5 of section 643.305. Using federal estimates if such estimates are available, the department shall correlate improvements in air quality with avoided health costs.
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(L. 1992 S.B. 544 § 4, A.L. 1994 S.B. 590)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.210 - Rules, promulgation.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1995
643.210. Rules, promulgation. —
No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1988 H.B. 1187 § 1, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.228 - Training courses to be certified — evaluation by department of health and senior services, when — violation, effect — accreditation fee.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 2018, 2 histories
643.228. Training courses to be certified — evaluation by department of health and senior services, when — violation, effect — accreditation fee. —
1. Required training courses for certification under section 643.225 shall first be accredited by the state. To be accredited, training programs shall meet the training certification and recertification requirements for each specialty area outlined in the United States EPA's model accreditation plan, 40 CFR Part 763, including passage of a course examination for these courses, and the certification requirements for air sampling professionals outlined in section 643.225. Such accreditation shall be obtained biennially. A representative of the department or the department of health and senior services shall be permitted to attend, monitor and evaluate any training program without charge to the state. Such evaluations may be conducted without prior notice. Refusal to allow such an evaluation is sufficient grounds for loss of certificate of accreditation.
2. An accreditation fee of one thousand dollars per course category shall be paid prior to issuance or renewal of a certificate of accreditation, however, no individual, group, agency or organization shall pay more than three thousand dollars for all course categories for which accreditation is requested at the same time.
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(L. 1989 H.B. 77, et al., A.L. 2018 S.B. 840)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › 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.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 13 Jun 1989, see footnote
643.230. Denial, suspension or revocation by director, certifications, accreditation of training program or exemption status — grounds — procedure — appeal to commission, powers of commission. —
1. The director may deny, suspend or revoke any certification, accreditation or exemption status under sections 643.225 to 643.250 if the director finds that the applicant has:
(1) Fraudulently or deceptively obtained or attempted to obtain a certificate, or accreditation or exemption status;
(2) Failed at any time to meet the qualifications for certification, accreditation or exemption or to comply with any applicable provision or requirement of sections 643.225 to 643.250;
(3) Failed at any time to meet any applicable federal or state requirements for removal, encapsulation, enclosure or demolition of asbestos;
(4) Failed to provide proof of certification on the job site;
(5) Failed to meet the state of Missouri accreditation or exemption requirements for training programs.
2. Suspension of a certificate or exemption under this section may not be in effect for a period greater than ninety days. At the end of such period of time, the certificate or exemption shall be reinstated unless the director has revoked the certificate or exemption or the certificate has expired.
3. Upon denial, suspension, or revocation of certification, accreditation or exemption by the director, the applicant may appeal to the commission by filing notice of appeal with the commission within thirty days of the notice of denial, suspension or revocation. The commission shall hold a hearing at a time not more than sixty days after the date of request. If the commission determines that the applicant meets the requirements of section 643.225 and has not committed any violation indicated in section 643.225, 643.228, or in this section, and the rules promulgated thereto, the commission may issue certification, accreditation or exemption to the individual.
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(L. 1989 H.B. 77, et al.)
Effective 6-13-89
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.232 - Asbestos abatement contractor required to register annually, qualifications — project requirements — registration fee.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 2011
643.232. Asbestos abatement contractor required to register annually, qualifications — project requirements — registration fee. —
1. All asbestos abatement contractors prior to engaging in asbestos abatement projects shall:
(1) Register with the department and reregister annually as provided by rule;
(2) Submit an application for registration on a form developed by the department;
(3) Use only those individuals that have been certified or trained in accordance with sections 643.225 to 643.250.
2. During asbestos abatement projects, all contractors shall:
(1) Comply with applicable United States Environmental Protection Agency regulations and guidelines, the standards for worker protection promulgated by the United States Occupational Safety and Health Administration in 29 CFR 1910.1001, 1910.1200 and 1926.1101, the provisions of sections 643.225 to 643.250 and the rules and regulations promulgated thereunder. It is not intended that the director shall enforce OSHA requirements but shall have the authority to deny, revoke, or suspend registration on the basis of finding of violation by OSHA;
(2) Ensure that a competent person be on the asbestos abatement project site directing all aspects of the project during the hours that the project is being conducted.
3. A registration fee of one thousand dollars shall be paid by the person to the state prior to registration.
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(L. 1989 H.B. 77, et al., A.L. 2011 H.B. 89)
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › 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.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 13 Jun 1989, see footnote
643.235. Registration, denial, suspension or revocation by directors, grounds — appeal to commission, procedure — commission's powers — revocation of registration, person may reapply, when. —
1. The director may deny, suspend or revoke any person's registration under sections 643.225 to 643.250 if the director finds that the applicant has:
(1) Failed to meet the requirements of section 643.232;
(2) Failed to use certified or trained individuals as required in section 643.232;
(3) Failed at any time to meet any applicable federal, state or local standards for removal, encapsulation, enclosure or demolition of asbestos; or
(4) Failed to renew his registration annually.
2. Upon denial, suspension, or revocation of registration by the director, the person may appeal to the commission by filing notice of appeal with the commission within thirty days of the notice of denial, suspension or revocation. The commission shall hold a hearing at a time not more than ninety days after the date of request. If the commission determines that the person meets the requirements of section 643.232 and has not committed any violation indicated in this section, and the rules promulgated thereto, the commission shall issue registration to the person.
3. If a person's registration has been revoked, he may reapply for registration one year from the date of revocation if the director finds that he meets the requirements of sections 643.225 to 643.250.
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(L. 1989 H.B. 77, et al.)
Effective 6-13-89
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.240 - Friable material subject to regulation — air sample analysis, how conducted.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 2011
643.240. Friable material subject to regulation — air sample analysis, how conducted. —
1. Before commencement of an asbestos abatement project, persons shall make all reasonable efforts to minimize the spread of friable asbestos-containing materials to uncontaminated areas.
2. Any asbestos-containing material that will be rendered friable during the process of removal, encapsulation, enclosure or demolition is subject to all applicable federal and state regulations.
3. Analysis of asbestos air samples shall be conducted according to the United States Occupational Safety and Health Administration's (OSHA) standards in 29 CFR 1926.1101 or the United States Environmental Protection Agency standards in 40 CFR Part 763, Subpart E.
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(L. 1989 H.B. 77, et al., A.L. 2011 H.B. 89)
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › 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.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 2011
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. —
1. Asbestos abatement projects of a magnitude greater than or equal to one hundred sixty square feet or two hundred sixty linear feet or thirty-five cubic feet or all regulated demolition projects are subject to inspection.
2. The commission shall be authorized to assess a fee of not more than one hundred dollars for each on-site inspection of an asbestos abatement or demolition project. Such fees would not be assessed for more than three on-site inspections during the period an actual abatement project is in progress. Failure of the asbestos abatement contractor to notify the department of project postponement may result in the assessment of an inspection fee in the event of an on-site visit by the department.
3. Any person undertaking an asbestos abatement project or regulated demolition project in the jurisdiction of an authorized local air pollution control agency shall be exempt from an inspection fee if the authorized local agency also imposes an inspection fee.
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(L. 1989 H.B. 77, et al., A.L. 2011 H.B. 89)
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › 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.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 02 Jan 2023, 2 histories, see footnote
643.245. Natural resources protection fund — subaccounts created — purpose — lapse into general revenue prohibited — fund deposited where, by state treasurer, interest credited to fund. —
1. All moneys received pursuant to sections 643.225 to 643.245 and any other moneys so designated shall be placed in the state treasury and credited to the "Natural Resources Protection Fund - Air Pollution Asbestos Fee Subaccount", which is hereby created. Such moneys received pursuant to sections 643.225 to 643.245 shall, subject to appropriation, be used solely for the purpose of administering this chapter. Any unexpended balance in such fund at the end of any appropriation period shall not be transferred to the general revenue fund of the state treasury and shall be exempt from the provisions of section 33.080.
2. All moneys received under subsection 10 of section 643.079 and any other moneys so designated shall be placed in the "Natural Resources Protection Fund - Anhydrous Ammonia Risk Management Plan Subaccount", which is hereby created. Such moneys received under subsection 10 of section 643.079 shall, subject to appropriation, be used solely for the purpose of administering the provisions of section 643.079. Any unexpended balance in such fund at the end of any appropriation period shall not be transferred to the general revenue fund of the state treasury and shall be exempt from the provisions of section 33.080.
3. The state treasurer, with the approval of the board of fund commissioners, is authorized to deposit all of the moneys in any of the qualified state depositories. All such deposits shall be secured in such manner and shall be made upon such terms and conditions as are now and may hereafter be approved by law relative to state deposits. Any interest received on such deposits shall be credited to the natural resources protection fund - air pollution asbestos fee subaccount.
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(L. 1989 H.B. 77, et al., A.L. 2011 H.B. 89, A.L. 2022 1st Ex. Sess. H.B. 3)
Effective 1-02-23
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › 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.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 2011
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. —
1. Any authorized representative of the department may enter at all reasonable times, in or upon public or private property for purposes required under sections 643.225 to 643.250. In addition to any other remedy provided by law, refusal to allow such entry shall be grounds for revocation of registration or injunctive relief.
2. Any person who knowingly violates sections 643.225 to 643.250, or any rule promulgated thereunder, shall, upon conviction, be punished by a fine of not less than twenty-five hundred dollars nor more than twenty-five thousand dollars per day of violation, or by imprisonment for not more than one year, or both. Second and successive convictions of any person shall be punished by a fine of not more than fifty thousand dollars per day of violation, or by imprisonment for not more than two years, or both.
3. Any person who violates any provision of sections 643.225 to 643.250 may, in addition to any other penalty provided by law, incur a civil penalty in an amount not to exceed ten thousand dollars for each day of violation. The civil penalty shall be in an amount to constitute an actual and substantial economic deterrent to the violation for which the civil penalty is assessed.
4. Notwithstanding the existence or pursuit of any other remedy provided by sections 643.225 to 643.250, the commission may maintain, in the manner provided by chapter 536, an action in the name of the state of Missouri for injunction or other process against any person to restrain or prevent any violation of the provisions of sections 643.225 to 643.250.
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(L. 1989 H.B. 77, et al., A.L. 2011 H.B. 89)
CROSS REFERENCE:
Nonseverability clause, 640.099
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.251 - Certification authorized for persons completing asbestos and earthquake training.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1990
643.251. Certification authorized for persons completing asbestos and earthquake training. —
Persons who have completed a course of study on earthquake preparedness which meets state standards and persons who have completed a training course on asbestos abatement which complies with state standards for training courses subsequently adopted under the provisions of sections 643.225 to 643.250 shall be deemed to have complied with requirements for certification without passage of any other course of training.
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(L. 1990 S.B. 539 § 9)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.255 - Cities, counties, state agencies, requirements.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 13 Jun 1989, see footnote
643.255. Cities, counties, state agencies, requirements. —
1. No state agency or political subdivision of this state shall accept a bid in connection with any asbestos abatement project that does not fully comply with the provisions of sections 643.225 to 643.250.
2. No state agency or political subdivision of this state shall carry out any asbestos abatement project using its own employees except in compliance with the requirements of sections 643.225 to 643.250.
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(L. 1986 H.B. 1394 § 4, A.L. 1989 H.B. 77, et al.)
Effective 6-13-89
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.265 - Department of health and senior services, department of natural resources, interagency agreement.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 28 Aug 1986
643.265. Department of health and senior services, department of natural resources, interagency agreement. —
The department of health and senior services and the department of natural resources shall develop an interagency agreement establishing agency responsibilities and procedures concerning asbestos reporting, removal and treatment. The department of health and senior services is hereby designated the state agency for the administration of loans and grants under the Asbestos School Hazard Abatement Act of 1984, Public Law 98-377, and other federally funded loan or grant programs for the abatement of asbestos.
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(L. 1986 H.B. 903 § 3)
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.300 - Citation of law — mandate of Congress.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 01 Sep 2007, see footnote
643.300. Citation of law — mandate of Congress. —
Sections 643.300 to 643.355 shall be known as the "Air Quality Attainment Act". The enactment of the air quality attainment act and any subsequent amendments to such act are a mandate of the United States Congress under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq.
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(L. 1994 S.B. 590, A.L. 2006 S.B. 583)
Effective 9-01-07
2023 Missouri Revised Statutes › Title XL - Additional Executive Departments › Chapter 643 - Air Conservation › Section 643.312 - Reformulated gasoline program.

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS
Chapter 643
• Effective - 01 Jan 1999, see footnote
643.312. Reformulated gasoline program. —
The air conservation commission may establish, by rule, a state reformulated gasoline program to prohibit the sale or dispensing of conventional gasoline for use in motor vehicles. If established, such program shall be implemented and reformulated gasoline shall be available at the retail level in the nonattainment area described in section 643.305 by June 1, 1999. The effectiveness of such program in improving air quality shall be at least equal to, and cost competitive with, the federal reformulated gasoline program, 42 U.S.C. 7545. Subject to the conditions of this section, any reformulated gasoline program established pursuant to this section shall not preclude the use of ethanol.
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(L. 1998 S.B. 619 § 1)
Effective 1-01-99