SB 0715 Creates the Environmental Regulation Consistency Act
Sponsor:Rohrbach Co-Sponsor(s)
LR Number:3080S.02I Fiscal Note:3080-02
Committee:Commerce and Environment
Last Action:02/14/02 - SCS Voted Do Pass S Commerce & Environment Journal page:
Committee (3080S.03C)
Effective Date:August 28, 2002
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Current Bill Summary

SCS/SB 715 - This act creates the Environmental Regulation Consistency Act. It provides that the Department of Natural Resources and the regulatory commissions within the Department may adopt rules to ensure the state complies with applicable federal law and regulations. The act revises rulemaking authority in the following areas: air pollution, water pollution and underground storage tanks, hazardous waste, surface mining and land reclamation, drinking water and solid waste.

The rules shall not be stricter than those required under federal law and regulations nor enforced in any part of the state prior to the time required under federal law and regulations, unless the Department or Commission makes specific findings based upon competent and substantial evidence in the administrative record. However, nothing shall prevent the ability of the Clean Air Commission to promulgate rules pursuant to section 643.055.

The findings must include: 1) Missouri-specific circumstances may cause harm to human health and the environment; and 2) Either: a) The circumstances are not subject to any federal law or regulation; or b) The existing federal law and regulations are not sufficient to adequately protect human health and the environment; and 3) A more restrictive rule is necessary to address the circumstances.

The Department or Commission shall publish, in the administrative record and in the Missouri Register, findings of fact regarding the circumstances or conditions causing harm, the nature and scope of harm and health-based or science-based reasons justifying why the more restrictive rule will prevent or alleviate the harm. The fiscal note for the rule shall contain a consideration of the effects on human health and the environment, economics, pollution prevention and the effectiveness and cost of control methods required by the rule.

Any more-restrictive rule promulgated without complying with this act shall be void.

The act also removes general authority for affected parties to appeal decisions of the Director of the Department to the relevant board or commission.

The act is similar to SB 750 (2000) and SB 300 (2001).