SB 0750 | Specifies that certain DNR rules may be no stricter than federal regulations |
Sponsor: | Rohrbach | |||
LR Number: | S2977.01I | Fiscal Note: | 2977-01 | |
Committee: | Commerce and Environment | |||
Last Action: | 02/10/98 - Hearing Conducted S Commerce & Environment Committee | Journal page: | ||
Title: | ||||
Effective Date: | August 28, 1998 | |||
SB 750 - This act provides that certain rules of the Department of Natural Resources and the regulatory commissions within the Department shall not be stricter than applicable federal regulations unless such rules are adopted pursuant to a process established in this act. In an area where federal standards do not exist or are found insufficient to protect public health, welfare or the environment, the Department or commission may establish rules, based upon substantial evidence on the record after public hearing and a finding that the subject of regulation constitutes a significant adverse impact to public health, welfare or the environment. The Department shall establish procedures and criteria for such rules which consider reasonably available data and consideration of health, welfare, economics, pollution prevention and available control methods.
The act will affect rulemaking on: solid waste, hazardous waste, underground storage tanks, metallic mineral waste, air pollution and water pollution.
Rulemaking authority of the Air Conservation Commission is currently subject to a limitation to be no stricter than applicable federal guidelines and standards except for rules pertaining to a State Implementation Plan for attainment of air quality standards under the federal Clean Air Act.
The general rulemaking language in each program is modified
to require rules to be promulgated pursuant to chapter 536, RSMo,
rather than only section 536.024, RSMo.
OTTO FAJEN