Missouri Revised Statutes













Chapter 640

Department of Natural Resources

←640.080

Section 640.090.1

640.099→

August 28, 2015

Implementation impact report, submitted to whom--criteria.

640.090. 1. In developing, amending, or revising state

implementation plans to address National Ambient Air Quality Standard

nonattainment areas under the federal Clean Air Act, as amended (42 U.S.C.

Section 7401, et seq.), state plans to comply with federal regulations

relating to carbon emissions for existing-source performance standards (42

U.S.C. Section 7411**), or nonpoint source management plans under the

federal Clean Water Act, as amended (33 U.S.C. Section 1251, et seq. and 33

U.S.C. Section 1329), for submission to the United States Environmental

Protection Agency based on promulgated rules and regulations, the

department, and its respective commissions, in collaboration with the

department of health and senior services, department of revenue, public

service commission, the department of conservation, and division of energy

of the department of economic development, shall prepare an implementation

impact report in lieu of a regulatory impact report required under section

640.015 and submit such report in addition to the proposed state

implementation plan, state plan, or nonpoint source management plan to the

governor, the joint committee on government accountability, the president

pro tempore of the senate, and the speaker of the house of representatives

forty-five calendar days prior to final submission to the United States

Environmental Protection Agency. The department shall also post the

implementation impact report and the proposed state implementation plan,

state plan, or nonpoint source management plan prominently on the home page

of its departmental website forty-five calendar days prior to submission to

the Environmental Protection Agency. If such implementation impact report

or state implementation plan, state plan, or nonpoint source management

plan is revised after such report and plan is delivered to such elected

officials but prior to submission to the United States Environmental

Protection Agency, the updated report and plan shall also be delivered to

the governor, the joint committee on government accountability, the

president pro tempore of the senate, and the speaker of the house of

representatives, and posted prominently on the home page of its

departmental website upon release. All implementation impact reports and

plans shall remain on the departmental website for no less than one year

after final submission to the United States Environmental Protection

Agency.



2. The implementation impact report shall take into consideration the

unique policies, energy needs, resource mix, reliability, and economic

priorities of Missouri, and shall include, but is not limited to, the

following criteria:



(1) The economic impact the plan will have on businesses and citizens

in the state, including any disproportionate impact it will have on lower

income populations, and any job losses or gains that are anticipated as a

result of the plan, rule, or regulation;



(2) The existence and cost efficiency of any technology that may be

needed to achieve the reduction goal and whether the reduction goals are

achievable within the allotted time frame;



(3) Whether the plan achieves reduction goals at a sustainable cost;



(4) The remaining useful life of any emitting structure affected by

the plan if provided by the emitting entity;



(5) Any existing depreciation schedules of an emitting structure that

will be forced into early retirement due to implementation of the plan if

provided by the emitting entity;



(6) Any policy options for the adoption of less stringent standards

or longer compliance schedules;



(7) The potential impact on taxes and the general revenue of the

state;



(8) The potential impact on citizen health, including any evidence

that the pollutant contributes to health problems based upon peer-reviewed

scientific evidence;



(9) Options, to the maximum extent allowable, that provide

flexibility in achieving reduction goals, including the averaging of

emissions or any other alternative implementation measure that may further

the interests of Missouri's citizens;



(10) A cost-benefit analysis of how the plan affects the economic

well-being of the state, as well as the projected cost or benefits to any

industry affected by the plan, and projected costs or benefits to consumers

and citizens;



(11) The potential impact of the plan on generation, supply,

distributions, and service reliability;



(12) The elements of a regulatory impact report as required under

section 640.015;



(13) Information, to the extent that it is available, regarding how

other states are formulating their plans.



3. In developing, amending, or revising state implementation plans,

state plans, or nonpoint source management plans for submission to the

United States Environmental Protection Agency based on rules or regulations

under:



(1) The federal Clean Air Act, as amended (42 U.S.C. Section 7401, et

seq.), the department shall hold at least one stakeholder meeting in order

to solicit stakeholder input from each of the following groups: electric

generators and load serving entities, industrial energy consumers, citizens

consumer groups, and renewable energy groups;



(2) The federal Clean Water Act, as amended (33 U.S.C. Section

1251***, et seq. and 33 U.S.C. Section 1329), the department shall hold at

least one stakeholder meeting in order to solicit stakeholder input from

each of the following groups: agricultural groups, municipal groups,

industrial groups, environmental and natural resource groups, and citizen

groups.



4. Before final submission of a state implementation plan, state

plan, or nonpoint source management plan to the United States Environmental

Protection Agency, the joint committee on government accountability may

conduct at least two public hearings within forty-five days of receiving

the implementation impact report and plan in order to seek public comment

on the proposed state implementation plan, state plan, nonpoint source

management plan, or implementation impact report. The joint committee on

government accountability may request that a representative from the United

States Environmental Protection Agency attend at least one of the public

hearings.



5. Nothing in this section shall be construed as otherwise conferring

upon the public service commission or the department jurisdiction over the

service, rates, financing, accounting, or management of any rural electric

cooperative or municipally owned utility, or to amend, modify, or otherwise

limit the rights to provide service as otherwise provided by law.



6. Nothing in this section shall be construed to effect, limit, or

supersede section 643.640.



(L. 2015 S.B. 142)



*Effective 10-16-15, see § 21.250. S.B. 142 was vetoed on July 10,

2015. The veto was overridden September 16, 2015.



**Section "7412" appears in original rolls.



***Section "12541" appears in original rolls.







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