§ 52.1325. Legal authority.
445 words·~2 min read·
/us/cfr/t40/s§ 52.1325·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)[Reserved]
(b)The requirements of § 51.232(b) of this chapter are not met since the following deficiencies exist in local legal authority.
(1)St. Louis County Division of Air Pollution Control:
(i)Authority to require recordkeeping is lacking (§ 51.230(e) of this chapter).
(ii)Authority to make emission data available to the public is inadequate because section 612.350, St. Louis County Air Pollution Control Code, requires confidential treatment in certain circumstances if the data concern secret processes (§ 51.230(f) of this chapter).
(2)St. Louis City Division of Air Pollution Control:
(i)Authority to require recordkeeping is lacking (§ 51.230(e) of this chapter).
(ii)Authority to require reports on the nature and amounts of emissions from stationary sources is lacking (§ 51.230(e) of this chapter).
(iii)Authority to require installation, maintenance, and use of emission monitoring devices is lacking. Authority to make emission data available to the public is inadequate because Section 39 of Ordinance 54699 requires confidential treatment in certain circumstances if the data relate to production or sales figures or to processes or production unique to the owner or operator or would tend to affect adversely the competitive position of the owner or operator (§ 51.230(f) of this chapter).
(3)Kansas City Health Department:
(i)Authority to require recordkeeping is lacking (§ 51.230(e) of this chapter).
(4)Independence Health Department:
(i)Authority to require recordkeeping is lacking (§ 51.230(e) of this chapter).
(ii)Authority to make emission data available to the public is lacking since section 11.161 of the code of the city of Independence requires confidential treatment in certain circumstances if the data relate to secret processes or trade secrets affecting methods or results of manufacture (§ 51.230(f) of this chapter).
(5)Springfield Department of Health:
(i)Authority to abate emissions on an emergency basis is lacking (§ 51.230(c) of this chapter).
(ii)Authority to require recordkeeping is lacking (§ 51.230(e) of this chapter).
(iii)Authority to make emission data available to the public is inadequate because section 2A-42 of the Springfield City Code requires confidential treatment of such data in certain circumstances (§ 51.230(f) of this chapter).
(c)The provisions of § 51.230(d) of this chapter are not met since statutory, authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate. [37 FR 23090, Oct. 28, 1972, as amended at 39 FR 7282, Feb. 25, 1974; 51 FR 13001, Apr. 17, 1986; 51 FR 40676, Nov. 7, 1986; 52 FR 24367, June 30, 1987]