640.015. Environmental conditions or standards, rules to cite specific law or authority relied upon--regulatory impact report required, contents, procedure, not required when--section not applicable, - Missouri Statutes

Environmental conditions or standards, rules to cite specific lawor authority relied upon--regulatory impact report required,contents, procedure, not required when--section not applicable,when.

640.015. 1. All provisions of the law to the contrarynotwithstanding, all rules that prescribe environmental conditions orstandards promulgated by the department of natural resources, a board or acommission, pursuant to authorities granted in this chapter and chapters260, 278, 319, 444, 643, and 644, RSMo, the hazardous waste managementcommission in chapter 260, RSMo, the state soil and water districtscommission in chapter 278, RSMo, the land reclamation commission in chapter444, RSMo, the safe drinking water commission in this chapter, the airconservation commission in chapter 643, RSMo, and the clean watercommission in chapter 644, RSMo, shall cite the specific section of law orlegal authority. The rule shall also be based on the regulatory impactreport provided in this section.

2. The regulatory impact report required by this section shallinclude:

(1) A report on the peer-reviewed scientific data used to commencethe rulemaking process;

(2) A description of persons who will most likely be affected by theproposed rule, including persons that will bear the costs of the proposedrule and persons that will benefit from the proposed rule;

(3) A description of the environmental and economic costs andbenefits of the proposed rule;

(4) The probable costs to the agency and to any other agency of theimplementation and enforcement of the proposed rule and any anticipatedeffect on state revenue;

(5) A comparison of the probable costs and benefits of the proposedrule to the probable costs and benefits of inaction, which includes botheconomic and environmental costs and benefits;

(6) A determination of whether there are less costly or lessintrusive methods for achieving the proposed rule;

(7) A description of any alternative method for achieving the purposeof the proposed rule that were seriously considered by the department andthe reasons why they were rejected in favor of the proposed rule;

(8) An analysis of both short-term and long-term consequences of theproposed rule;

(9) An explanation of the risks to human health, public welfare, orthe environment addressed by the proposed rule;

(10) The identification of the sources of scientific information usedin evaluating the risk and a summary of such information;

(11) A description and impact statement of any uncertainties andassumptions made in conducting the analysis on the resulting risk estimate;

(12) A description of any significant countervailing risks that maybe caused by the proposed rule; and

(13) The identification of at least one, if any, alternativeregulatory approaches that will produce comparable human health, publicwelfare, or environmental outcomes.

3. The department, board, or commission shall develop the regulatoryimpact report required by this section using peer-reviewed and publisheddata or when the peer-reviewed data is not reasonably available, a writtenexplanation shall be filed at the time of the rule promulgation noticeexplaining why the peer-reviewed data was not available to support theregulation. If the peer-reviewed data is not available, the departmentmust provide all scientific references and the types, amount, and sourcesof scientific information that was used to develop the rule at the time ofthe rule promulgation notice.

4. The department, board, or commission shall publish in at least onenewspaper of general circulation, qualified pursuant to chapter 493, RSMo,with an average circulation of twenty thousand or more and on thedepartment, board, or commission web site a notice of availability of anyregulatory impact report conducted pursuant to this section and shall makesuch assessments and analyses available to the public by posting them onthe department, board, or commission web site. The department, board, orcommission shall allow at least sixty days for the public to submitcomments and shall post all comments and respond to all significantcomments prior to promulgating the rule.

5. The department, board, or commission shall file a copy of theregulatory impact report with the joint committee on administrative rulesconcurrently with the filing of the proposed rule pursuant to section536.024, RSMo.

6. If the department, board, or commission fails to conduct theregulatory impact report as required for each proposed rule pursuant tothis section, such rule shall be void unless the written explanationdelineating why the peer-reviewed data was not available has been filed atthe time of the rule promulgation notice.

7. Any other provision of this section to the contrarynotwithstanding, the department, board, or commission referenced insubsection 1 of this section may adopt a rule without conducting aregulatory impact report if the director of the department determines thatimmediate action is necessary to protect human health, public welfare, orthe environment; provided, however, in doing so, the department, board, orcommission shall be required to provide written justification as to why itdeviated from conducting a regulatory impact report and shall complete theregulatory impact report within one hundred eighty days of the adoption ofthe rule.

8. The provisions of this section shall not apply if the departmentadopts environmental protection agency rules and rules from otherapplicable federal agencies without variance.

(L. 2004 H.B. 980)