SB 40
Modifies provisions relating to the Department of Natural Resources
Sponsor:
LR Number:
0155H.12C
Last Action:
5/12/2021 - H Informal Calendar Senate Bills for Third Reading w/HCS (In Fiscal Review)
Journal Page:
Title:
HCS SCS SB 40
Calendar Position:
Effective Date:
August 28, 2021
House Handler:

Current Bill Summary

HCS/SCS/SB 40 - This act modifies provisions relating to natural resources.

HISTORICAL CEMETERY (Section 253.387):

This act authorizes the Department of Natural Resources to acquire by purchase or gift the Antioch Cemetery in Clinton, Missouri, to be operated and maintained by the Division of State Parks within the Department. The Department shall make adequate provisions for the proper care, maintenance, and safekeeping of the property.

The Department is required to allow for burials to continue

until all plots have been purchased. The Department shall charge no more than $100 per burial to be credited to the "Antioch Cemetery Fund", established in the act. The Department shall not be liable for additional costs associated with the burial.

This provision is identical to SB 396 (2021).

MANAGEMENT OF HAZARDOUS WASTE (Sections 260.373, 260.437, 260.520):

Further, under the act, the Hazardous Waste Management Commission shall not promulgate rules that are stricter than, apply prior to, or apply in any subject area not addressed by, certain federal regulations promulgated pursuant to the Resource Conservation and Recovery Act.

The act repeals the Commission's authority to retain, modify, or repeal rules relating to:

1. Thresholds for determining whether a hazardous waste generator is a large quantity generator, small quantity generator, or conditionally exempt small quantity generator;

2. Rules requiring hazardous waste generators to display hazard labels on containers and tanks during the time hazardous waste is stored on-site;

3. The exclusion for hazardous secondary materials used to make zinc fertilizers; and

4. The exclusions for hazardous secondary materials that are burned for fuel or that are recycled.

The Commission shall promulgate rules for the reporting of hazardous waste activities to the Department of Natural Resources, effective beginning with the reporting period July 1, 2017-June 30, 2018, that allow for the submittal of reporting data in any format on an annual basis by large quantity generators and treatment storage and disposal facilities.

The act also repeals a requirement that the Department identify certain rules relating to hazardous waste in the Missouri Code of State Regulations that are inconsistent with certain rules promulgated by the Commission.

On December 31, 2017, any rule relating to hazardous waste, resource recovery, or used oil contained in the Missouri Code of State Regulations that remains inconsistent with certain rules promulgated by the Commission shall be null and void to the extent that such rule is inconsistent, and the least stringent rule shall control. Any rule that applies in any subject area not addressed by the requirements of certain federal regulations promulgated pursuant to Subtitle C of the Resource Conservation and Recovery Act, as amended, shall be null and void.

The Commission shall not promulgate rules that are stricter than, apply prior to, or apply in any subject area not addressed by the requirements of certain federal regulations promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended. The Commission shall file with the Missouri Secretary of State any amendments necessary to ensure that rules are not inconsistent with the provisions of the act. Any rule that is inconsistent with provisions of the act or applies in any subject area not addressed by the federal regulations shall be null and void.

The Director of the Department of Natural Resources shall not promulgate rules that are stricter than, apply prior to, or apply in any subject area not addressed by the requirements of certain federal regulations promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended. The Director shall file with the Missouri Secretary of State any amendments necessary to ensure that rules are not inconsistent with the provisions of the act. Any rule that is inconsistent with provisions of the act or applies in any subject area not addressed by the federal regulations shall be null and void.

These provisions are identical to SB 208 (2021).

FEES (Sections 260.380, 260.475, 643.079, 644.057)

Currently, the authority of the Hazardous Waste Management Commission, the Air Conservation Commission, and the Clean Water Commission to revise certain fee structures set forth in statute expires on August 28, 2024. This act changes the expiration date to August 28, 2021.

RENEWABLE NATURAL GAS PROGRAM (Section 386.895):

This act requires the Public Service Commission to adopt rules for gas corporations to offer a voluntary renewable natural gas program. The Commission shall establish reporting requirements and a process for gas corporations to fully recover incurred costs that are prudent, just, and reasonable associated with a renewable natural gas program. Such recovery shall not be permitted until the project is operational and produces renewable natural gas for customer use.

Any costs incurred by a gas corporation that are prudent, just, and reasonable shall be recovered by means of an automatic adjustment clause.

An affiliate of a gas corporation shall not be prohibited from making a capital investment in a biogas production project if the affiliate is not a public utility as defined in statute.

The Division of Energy shall provide a report on the program to certain members of the General Assembly by January 1, 2023. The report shall contain information as set forth in the act.

The renewable natural gas program shall expire 9 years after the program is established, unless reauthorized by the General Assembly; provided that any rate adjustment authorized by the act shall continue so long as the program remains in operation and produces renewable natural gas for customer use.

This provision is similar to HCS/HB 892 (2021) and to the perfected SS/SB 141 (2021).

FINES AND PENALTIES (Section 640.095):

In instances where the Department of Natural Resources has authority to issue fines or penalties and determines that a fine or penalty should be levied, the Department is required to provide information as set forth in the act to the alleged violator in order for the alleged violator to understand the basis for the fine or penalty. Any statement provided by the Department in compliance with this provision shall be treated as confidential information and shall not be disclosed to any party except the alleged violator.

VIOLATIONS OF THE MISSOURI CLEAN WATER LAW (Section 644.079):

For violations of the Missouri Clean Water Law, any administrative penalty sought to resolve violations through conference, conciliation, and persuasion shall be communicated to the alleged violator in writing together with any penalty calculation prepared in accordance with any Clean Water Commission administrative penalty rule. Rules and regulations promulgated by the Clean Water Commission for the assessment of administrative penalties shall require the Department of Natural Resources to document how any administrative penalty sought to resolve the violations through conference, conciliation, and persuasion was calculated and provide such calculation and justification in writing to the alleged violator. Any statement provided by the Department in compliance with these provisions shall be treated as confidential information and shall not be disclosed to any party except the alleged violator.

MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM (Section 643.310):

The act exempts St. Charles County, Franklin County, and Jefferson County from the motor vehicle emissions inspection program established by the Air Conservation Commission.

This provision is similar to SB 156 (2021).

ANHYDROUS AMMONIA (Sections 266.355, 643.050, 643.079, and 643.245):

This act repeals provisions of law that give the Department of Agriculture oversight over standards relating to anhydrous ammonia.

Additionally, under the act the Air Conservation Commission shall have the power to adopt, promulgate, amend, and repeal rules and regulations for covered processes at agricultural stationary sources that use, store, or sell anhydrous ammonia, and regulations necessary to implement and enforce the risk management plans under the federal Clean Air Act.

Each retail agricultural facility that uses, stores, or sells anhydrous ammonia that is an air contaminant source subject to a risk management plan under the federal Clean Air Act shall pay an annual registration of $200. The act establishes an annual tonnage fee for anhydrous ammonia of $1.25 per ton used or sold.

Each distributor or terminal agricultural facility that uses, stores, or sells anhydrous ammonia that is an air contaminant source subject to a risk management plan program 3 under federal regulations relating to chemical accident prevention shall pay an annual registration of $5,000 and shall not pay a tonnage fee.

Finally, the act creates the Anhydrous Ammonia Risk Management Plan Subaccount within the Natural Resources Protection Fund which shall consist of fees required under the act.

These provisions are identical to SB 37 (2021).

JAMIE ANDREWS