SECOND REGULAR SESSION
SENATE BILL NO. 1144
91ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR DOUGHERTY.
Read 1st time February 12, 2002, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
4585S.01I
AN ACT
To repeal section 643.055, RSMo, relating to the Missouri air conservation commission, and to enact in lieu thereof one new section relating to the same subject.
Section A. Section 643.055, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 643.055, to read as follows:
643.055. 1. Other provisions of law notwithstanding, the Missouri air conservation commission shall have the authority to promulgate rules and regulations, pursuant to chapter 536, RSMo, to establish standards and guidelines to ensure that the state of Missouri is in compliance with the provisions of the federal Clean Air Act, as amended (42 U.S.C. Section 7401, et seq.). [The standards and guidelines so established shall not be any stricter than those required under the provisions of the federal Clean Air Act, as amended; nor shall those standards and guidelines be enforced in any area of the state prior to the time required by the federal Clean Air Act, as amended. The restrictions of this section shall not apply to the parts of a state implementation plan developed by the commission to bring a nonattainment area into compliance and to maintain compliance when needed to have a United States Environmental Protection Agency approved state implementation plan. The determination of which parts of a state implementation plan are not subject to the restrictions of this section shall be based upon specific findings of fact by the air conservation commission as to the rules, regulations and criteria that are needed to have a United States Environmental Protection Agency approved plan.]
2. The Missouri air conservation commission shall also have the authority to grant exceptions and variances from the rules set under subsection 1 of this section when the person applying for the exception or variance can show that compliance with such rules:
(1) Would cause economic hardship; or
(2) Is physically impossible; or
(3) Is more detrimental to the environment than the variance would be; or
(4) Is impractical or of insignificant value under the existing conditions.