643.055. Commission may adopt rules for compliance with federal law--suspension, reinstatement--exemption, limitations. - Missouri Statutes

Commission may adopt rules for compliance with federallaw--suspension, reinstatement--exemption, limitations.

643.055. 1. Other provisions of law notwithstanding, theMissouri air conservation commission shall have the authority topromulgate rules and regulations, pursuant to chapter 536, RSMo,to establish standards and guidelines to ensure that the state ofMissouri is in compliance with the provisions of the federalClean Air Act, as amended (42 U.S.C. Section 7401, et seq.). Thestandards and guidelines so established shall not be any stricterthan those required under the provisions of the federal Clean AirAct, as amended; nor shall those standards and guidelines beenforced in any area of the state prior to the time required bythe federal Clean Air Act, as amended. The restrictions of thissection shall not apply to the parts of a state implementationplan developed by the commission to bring a nonattainment areainto compliance and to maintain compliance when needed to have aUnited States Environmental Protection Agency approved stateimplementation plan. The determination of which parts of a stateimplementation plan are not subject to the restrictions of thissection shall be based upon specific findings of fact by the airconservation commission as to the rules, regulations and criteriathat are needed to have a United States Environmental ProtectionAgency approved plan.

2. The Missouri air conservation commission shall also havethe authority to grant exceptions and variances from the rulesset under subsection 1 of this section when the person applyingfor the exception or variance can show that compliance with suchrules:

(1) Would cause economic hardship; or

(2) Is physically impossible; or

(3) Is more detrimental to the environment than thevariance would be; or

(4) Is impractical or of insignificant value under theexisting conditions.

(L. 1979 S.B. 21 § 1, A.L. 1992 S.B. 544, A.L. 1994 S.B. 590)

*Transferred 1986; formerly 203.055