10 CSR 10-2.080
Emission of Visible Air Contaminants From Internal Combustion Engines (Rescinded November 30, 2002)
AUTHORITY: section 203.050, RSMo 1986.
Original rule filed Dec. 26, 1968, effective
Jan. 5, 1969. Rescinded: Filed Feb. 28,
2002, effective Nov. 30, 2002.
Op. Atty. Gen. No. 331, Shell, 11-15-71.
The state of Missouri has the authority to
inspect for “air pollution control devices”
which may be installed on motor vehicles as
a requirement to comply with applicable
emission regulations but whether regulations
and inspections would accomplish the purpose of “enforcing compliance with applicable emission standards” which are federal
standards and whether the preemption provision of 42 USCA, Section 1857f-6a has been
complied with are questions that only the
appropriate federal officials can answer. The
Missouri Air Conservation Commission has
the authority under Chapter 203, RSMo
(1969) to adopt emission control regulations,
including limitations on the content of fuels,
which will attain and maintain national air
quality standards, if the state standards are
the same or more stringent.