Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 10 - Air Conservation Commission › Chapter 1 - Organization › Section 10 CSR 10-1.010 - General Organization

Current through Register Vol. 49, No. 14, July 15, 2024
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.
(Not
Applicable)
(2) Definitions.
(Not
Applicable)
(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.