SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES LOEHNER (Sponsor) AND BIVINS (Co-sponsor).
Read 1st time January 9, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 643.073, 643.075, 643.225, and 643.237, RSMo, and to enact in lieu thereof four new sections relating to the collection of fees.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 643.073, 643.075, 643.225, and 643.237, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 643.073, 643.075, 643.225, and 643.237, to read as follows:
643.073. 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] two hundred-dollar fee with the request for the approval of an operating permit; except that if the operating permit is an open-burning permit or a gasoline vapor recovery operation permit, then such fee shall be in the amount of one hundred dollars and any operating permit application required by 40 CFR Part 70 shall be accompanied with a five hundred-dollar fee.
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.
643.075. 1. It shall be unlawful for any person to commence construction of any air contaminant source in this state, without a permit therefor, if such source is of a class fixed by regulation of the commission which requires a permit therefor.
2. Every source required to obtain a construction permit shall make application therefor to the department and shall submit therewith such plans and specifications as prescribed by rule. The director shall promptly investigate each application and if he or she determines that the source meets and will meet the requirements of sections 643.010 to 643.190 and the rules promulgated pursuant thereto, he or she shall issue a construction permit with such conditions as he or she deems necessary to ensure that the source will meet the requirements of sections 643.010 to 643.190 and the rules. An application submitted for the construction or modification and operation of any regulated air contaminant source shall receive a unified construction and operating permit review process under section 643.078, unless the applicant requests in writing that the construction and operating permits be reviewed separately. If the director determines that the source does not meet or will not meet the requirements of sections 643.010 to 643.190 and the rules promulgated pursuant thereto, he or she shall deny the construction permit.
3. Before issuing a construction permit to build or modify an air contaminant source the director shall determine if the ambient air quality standards in the vicinity of the source are being exceeded and shall determine the impact on the ambient air quality standards from the source. The director, in order to effectuate the purposes of sections 643.010 to 643.190, may deny a construction permit if the source will appreciably affect the air quality or the air quality standards are being substantially exceeded.
4. The director may require the applicant as a condition to the issuance of the construction permit to provide and maintain such facilities or to conduct such tests as are necessary to determine the nature, extent, quantity or degree of air contaminants discharged into the ambient air from the proposed source.
5. The director shall act within thirty days after a request for approval of an application for a construction permit. The director shall render a decision to approve or deny a construction permit within ninety days of receipt of a complete application for a class B source and within one hundred eighty-four days of receipt of a complete application for a class A source. The director shall promptly notify the applicant in writing of his or her action and if the construction permit is denied state the reasons therefor.
6. Any aggrieved person may appeal any permit decision made under this section, including failure to render a decision within the time period established in this section. A notice of appeal shall be filed with the commission within thirty days of the director's action or within thirty days from the date by which the decision should have been rendered if the director has failed to act.
7. (1) There shall be a [one] two hundred-dollar filing fee payable to the state of Missouri with each application before a construction permit shall be issued; except that any gasoline vapor recovery construction application shall include a one hundred-dollar filing fee. No manufacturing or processing plant or operating location or other air contaminant source shall be required to pay more than one filing fee with a construction permit application. The provisions of this section shall not apply nor require the issuance of a permit wherein the proposed construction is that of a private residence.
(2) Upon completion of the department's evaluation of the application, but before receiving a construction permit, the applicant shall reimburse the department for all reasonable costs incurred by the department whether or not a construction permit is issued by the department or withdrawn by the applicant. If the department fails to approve or deny a construction permit within the time period specified in this section, the applicant shall not be required to reimburse the department for the review of the construction permit application. The commission shall, by rule, set the hourly charge, not to exceed the actual cost thereof and not to exceed [fifty] ninety dollars per hour, for review of each construction permit application. The commission may exempt any person from payment of the hourly fees under this subdivision, or may reduce such fees, upon an appeal filed with the commission by such person stating that the fee will create an unreasonable economic hardship upon such person. The commission may conduct a closed meeting and have closed records, as defined in section 610.010, RSMo, for the purpose of gathering information from the person filing an appeal for the exemption. Information obtained in this meeting may be held confidential by the commission upon the request of the person filing the appeal for exemption. If the fees or any portion of the fees imposed by this section are not paid within ninety days from the date of billing there shall be imposed interest upon the unpaid amount at the rate of ten percent per annum from the date of billing until payment is actually made. A construction permit application for a portable facility may include any site at which the portable facility is expected to be used; however, a separate site permit application shall be required when the portable facility is used or expected to be used at any site which is not included in a previously approved construction permit application. Upon receipt of the application, the applicant shall be notified by the department of hourly fees and requirements put forth in this subdivision.
(3) Applicants who withdraw their application before the department completes its evaluation shall reimburse the department for costs incurred in the evaluation.
(4) All moneys received pursuant to this section and section 643.073 and any other moneys so designated shall be placed in the state treasury and credited to the natural resources protection fund--air pollution permit fee subaccount, created in section 640.220, RSMo, and shall be expended for the administration of this section and sections 643.073 and 643.078 and for no other purpose, and shall be used to supplement state general revenue and federal funds appropriated to the department. After appropriation, the moneys received pursuant to this section and in such fund subaccount shall be expended for the administration of this section and for no other purpose. Any unexpended balance in such fund subaccount 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, RSMo. Any interest received on such deposits shall be credited to the fund subaccount.
8. Any person who obtains a valid permit from a city or county pursuant to the authority granted in section 643.140 shall be deemed to have met the requirements of this section and shall not be liable to the department for construction permit fees imposed pursuant to subsection 7 of this section.
643.225. 1. The provisions of sections 643.225 to 643.250 shall apply to all asbestos abatement projects. The commission shall promulgate rules and regulations it deems necessary to implement and administer the provisions of sections 643.225 to 643.250, including requirements, procedures and standards relating to asbestos projects, as well as the authority to require corrective measures to be taken in asbestos abatement projects as are deemed necessary to protect public health and the environment. The director shall establish any examinations for certification required by this section and shall hold such examinations at times and places as determined by the director.
2. Except as otherwise provided in sections 643.225 to 643.250, no individual shall engage in an asbestos abatement project, inspection, management plan, abatement project design or asbestos air sampling unless the person has been issued a certificate by the director, or by the commission after appeal, for that purpose.
3. In any application made to the director to obtain such certification as an inspector, management planner, abatement project designer, supervisor, contractor or worker from the department, the applicant shall include his or her diploma providing proof of successful completion of either a state accredited or United States Environmental Protection Agency (EPA) accredited training course as described in section 643.228. In addition, an applicant for certification as a management planner shall first be certified as an inspector. All applicants for certification as an inspector, management planner, abatement project designer, supervisor, contractor or worker shall successfully pass a state examination on Missouri state asbestos statutes and rules relating to asbestos. Certification issued hereunder shall expire one year from its effective date. Individuals applying for state certification as an asbestos air sampling professional shall have the following credentials:
(1) A bachelor of science degree in industrial hygiene plus one year of experience in the field; or
(2) A master of science degree in industrial hygiene; or
(3) Certification as an industrial hygienist as designated by the American Board of Industrial Hygiene; or
(4) Three years of practical experience in the field of industrial hygiene, including significant asbestos air monitoring experience and the completion of a forty-hour asbestos course which includes air monitoring instruction (National Institute of Occupational Safety and Health 582 course on air sampling or equivalent). In addition to these qualifications, the individual must also pass the state of Missouri asbestos examination. All asbestos air sampling technicians shall be trained and overseen by an asbestos air sampling professional and shall meet the requirements of training found in OSHA's 29 CFR 1926.58. Certification under this section as an AHERA asbestos abatement project designer does not qualify an individual as an architect, engineer or land surveyor, as defined in chapter 327, RSMo.
4. An application fee of seventy-five dollars shall be assessed for each category, except asbestos abatement worker, to cover administrative costs incurred. An application fee of twenty-five dollars shall be assessed for each asbestos abatement worker to cover administrative costs incurred. A fee of twenty-five dollars shall be assessed per state examination.
5. In order to qualify for renewal of a certificate, an individual shall have successfully completed an annual refresher course from an Environmental Protection Agency or state of Missouri accredited training program. For each discipline, the refresher course shall review and discuss current federal and state statute and rule developments, state-of-the-art procedures and key aspects of the initial training course, as determined by the state of Missouri. For all categories except inspectors, individuals shall complete a one-day annual refresher training course for recertification. Refresher courses for inspectors shall be at least a half-day in length. Management planners shall attend the inspector refresher course, plus an additional half-day on management planning. All refresher courses shall require an individual to successfully pass an examination upon completion of the course. In the case of significant changes in Missouri state asbestos statutes or rules, an individual shall also be required to take and successfully pass an updated Missouri state asbestos examination. An individual who has failed the Missouri state asbestos examination may retake it on the next scheduled examination date. If his or her certification has lapsed for more than twenty-four months, he or she shall be required to retake the course in his or her specialty area described in this section. Failure to comply with the requirements for renewal of certification in this section will result in decertification. In no event shall certification or recertification constitute permission to violate sections 643.225 to 643.250 or any standard or rule promulgated under sections 643.225 to 643.250.
6. A fee of [five] fifty dollars shall be paid to the state for renewal of certificates to cover administrative costs.
7. The provisions of subsections 2 through 6 of this section, section 643.228, subdivision (4) of subsection 1 of section 643.230, sections 643.232 and 643.235, subdivisions (1) to (3) of subsection 1 of section 643.237, and subsection 2 of section 643.237 shall not apply to a person that is subject to requirements and applicable standards of the United States Environmental Protection Agency (EPA) and the United States Occupational Safety and Health Administration's (OSHA) 29 Code of Federal Regulations 1926.58 and which engages in asbestos abatement projects as part of normal operations in the facility solely at its own place or places of business. A person shall receive an exemption upon submitting to the director, on a form provided by the department, documentation of the training provided to their employees to meet the requirements of applicable OSHA and EPA rules and regulations and the type of asbestos abatement projects which constitute normal operations performed by the applicant. If the application does not meet the requirements of this subsection and the rules and regulations promulgated by the department, the applicant shall be notified, within one hundred eighty days of the receipt of the application, that his or her exemption has been revoked. An applicant may appeal the revocation of an exemption to the commission within thirty days of the notice of revocation. This exemption shall not apply to asbestos abatement contractors, to those persons who the commission by rule determines provide a service to the public in its place or places of business as the economic foundation of the facility, or to those persons subject to the requirements of the federal Asbestos Hazard Emergency Response Act of 1986 (P.L. 99-519). A representative of the department shall be permitted to attend, monitor and evaluate any training program provided by the exempted person. Such evaluations may be conducted without prior notice. Refusal to allow such an evaluation is sufficient grounds for loss of exemption status.
8. A fee of two hundred fifty dollars shall be submitted with the application for exemption. This is a one-time fee. Exempted persons shall submit to the director changes in curricula or other significant revisions to the training program as they occur.
643.237. 1. Any person undertaking an asbestos abatement project of a magnitude greater than or equal to one hundred sixty square feet or two hundred sixty linear feet shall meet the following requirements:
(1) The person shall submit an application for asbestos abatement to the department for review at least twenty days in advance. The application shall be in the form required by the department. Such application shall include the name and address of the applicant, a description of the proposed project and any other information as may be required by the commission and provide proof to the department that all employees engaged in an asbestos abatement project are in compliance with sections 643.225 and 643.228;
(2) Persons undertaking an asbestos abatement project shall notify the department within sixty days of the completion of the project in the form required by the department;
(3) Persons undertaking an emergency asbestos abatement project of this magnitude shall submit a notification to the department within twenty-four hours of the onset of the emergency. An application for permit to abate shall be submitted to the department within seven days of the onset of the emergency;
(4) A fee of one hundred dollars shall be paid for review of each asbestos abatement project notification of this magnitude;
(5) Any person undertaking an asbestos abatement project in the jurisdiction of an authorized local air pollution control agency shall be exempt from an application fee if the authorized local agency also imposes an application fee.
2. Any person undertaking an asbestos abatement project of a magnitude less than one hundred sixty square feet or two hundred sixty linear feet, but greater than ten square feet or sixteen linear feet shall meet the following requirements:
(1) The person shall submit notification to the department for review at least twenty days in advance. The notification shall be in the form required by the department. Such notification shall include the name and address of the applicant, a description of the proposed project and any other information as may be required by the department and provide proof to the department that all employees engaged in an asbestos abatement project are in compliance with sections 643.225 and 643.228. In addition, the person shall post for inspection, at the site, current certificates of all individuals engaged in the asbestos abatement project as well as proof of the person's current registration;
(2) Persons undertaking an asbestos abatement project shall notify the department within sixty days of the completion of the project in the form required by the department;
(3) Persons undertaking an emergency asbestos abatement project of this magnitude shall submit notification to the department within twenty-four hours of the onset of the emergency.
3. Any person who submits an asbestos abatement project notification to the department shall submit actual project dates and times for his or her project. If the dates and times are revised on this project as submitted to the department, the person is responsible to notify the department at least twenty-four hours prior to the original starting date of the project by telephone and then followup with a written amendment stating the change in date and time. If the person does not comply with this procedure, he or she shall be held in violation of the notification requirements found in this section. This requirement does not change the reporting requirements for notification, post notification and emergency projects specified in this section.
4. Any person undertaking a demolition project regulated by 40 CFR Part 61 shall provide the department with written notification for each structure to be demolished at least ten business days before demolition begins. The notification shall be in the form as required by department regulations and shall include a copy of an asbestos inspection survey for each structure as completed by a certified asbestos inspector. Each demolition notification shall also be accompanied by a fee of one hundred dollars to cover costs associated with the review of such notification. Any person undertaking a demolition project in the jurisdiction of an authorized local air pollution control agency shall be exempt from paying the one-hundred dollar fee if the authorized local agency also imposes a similar fee.
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