Section 643.079

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 643

Effective - 02 Jan 2023, 7 histories, see footnote   (history) 

  643.079.  Fees, amount — deposit of moneys, where, subaccount to be maintained — civil action for failure to remit fees, effect upon permit — agencies, determination of fees — fee structure revision. — 1.  Any air contaminant source required to obtain a permit issued under sections 643.010 to 643.355 shall pay annually beginning April 1, 1993, a fee as provided herein.  For the first year the fee shall be twenty-five dollars per ton of each regulated air contaminant emitted.  Thereafter, the fee shall be set every three years by the commission by rule and shall be at least twenty-five dollars per ton of regulated air contaminant emitted but not more than forty dollars per ton of regulated air contaminant emitted in the previous calendar year.  If necessary, the commission may make annual adjustments to the fee by rule.  The fee shall be set at an amount consistent with the need to fund the reasonable cost of administering sections 643.010 to 643.355, taking into account other moneys received pursuant to sections 643.010 to 643.355.  For the purpose of determining the amount of air contaminant emissions on which the fees authorized under this section are assessed, a facility shall be considered one source as described in subsection 2 of section 643.078, except that a facility with multiple operating permits shall pay the emission fees authorized under this section separately for air contaminants emitted under each individual permit.

  2.  A source which produces charcoal from wood shall pay an annual emission fee under this subsection in lieu of the fee established in subsection 1 of this section.  The fee shall be based upon a maximum fee of twenty-five dollars per ton and applied upon each ton of regulated air contaminant emitted for the first four thousand tons of each contaminant emitted in the amount established by the commission pursuant to subsection 1 of this section, reduced according to the following schedule:

  (1)  For fees payable under this subsection in the years 1993 and 1994, the fee shall be reduced by one hundred percent;

  (2)  For fees payable under this subsection in the years 1995, 1996 and 1997, the fee shall be reduced by eighty percent;

  (3)  For fees payable under this subsection in the years 1998, 1999 and 2000, the fee shall be reduced by sixty percent.

  3.  The fees imposed in subsection 2 of this section shall not be imposed or collected after the year 2000 unless the general assembly reimposes the fee.

  4.  Each air contaminant source with a permit issued under sections 643.010 to 643.355 shall pay the fee for the first four thousand tons of each regulated air contaminant emitted each year but no air contaminant source shall pay fees on total emissions of regulated air contaminants in excess of twelve thousand tons in any calendar year.  A permitted air contaminant source which emitted less than one ton of all regulated pollutants shall pay a fee equal to the amount per ton set by the commission.  An air contaminant source which pays emission fees to a holder of a certificate of authority issued pursuant to section 643.140 may deduct such fees from any amount due under this section.  The fees imposed in this section shall not be applied to carbon oxide emissions.  The fees imposed in subsection 1 of this section and this subsection shall not be applied to sulfur dioxide emissions from any Phase I affected unit subject to the requirements of Title IV, Section 404, of the federal Clean Air Act, as amended, 42 U.S.C. Section 7651 et seq., any sooner than January 1, 2000.  The fees imposed on emissions from Phase I affected units shall be consistent with and shall not exceed the provisions of the federal Clean Air Act, as amended, and the regulations promulgated thereunder.  Any such fee on emissions from any Phase I affected unit shall be reduced by the amount of the service fee paid by that Phase I affected unit pursuant to subsection 8 of this section in that year.  Any fees that may be imposed on Phase I sources shall follow the procedures set forth in subsection 1 of this section and this subsection and shall not be applied retroactively.

  5.  Moneys collected under this section shall be transmitted to the director of revenue for deposit in appropriate subaccounts of the natural resources protection fund created in section 640.220.  A subaccount shall be maintained for fees paid by air contaminant sources which are required to be permitted under Title V of the federal Clean Air Act, as amended, 42 U.S.C. Section 7661 et seq., and used, upon appropriation, to fund activities by the department to implement the operating permits program authorized by Title V of the federal Clean Air Act, as amended.  Another subaccount shall be maintained for fees paid by air contaminant sources which are not required to be permitted under Title V of the federal Clean Air Act as amended, and used, upon appropriation, to fund other air pollution control program activities.  Another subaccount shall be maintained for service fees paid under subsection 8 of this section by Phase I affected units which are subject to the requirements of Title IV, Section 404, of the federal Clean Air Act Amendments of 1990 (42 U.S.C. Section 7651c), as amended, and used, upon appropriation, to fund air pollution control program activities.  The provisions of section 33.080 to the contrary notwithstanding, moneys in the fund shall not revert to general revenue at the end of each biennium.  Interest earned by moneys in the subaccounts shall be retained in the subaccounts.  The per-ton fees established under subsection 1 of this section may be adjusted annually, consistent with the need to fund the reasonable costs of the program, but shall not be less than twenty-five dollars per ton of regulated air contaminant nor more than forty dollars per ton of regulated air contaminant.  The first adjustment shall apply to moneys payable on April 1, 1994, and shall be based upon the general price level for the twelve-month period ending on August thirty-first of the previous calendar year.

  6.  The department may initiate a civil action in circuit court against any air contaminant source which has not remitted the appropriate fees within thirty days.  In any judgment against the source, the department shall be awarded interest at a rate determined pursuant to section 408.030 and reasonable attorney's fees.  In any judgment against the department, the source shall be awarded reasonable attorney's fees.

  7.  The department shall not suspend or revoke a permit for an air contaminant source solely because the source has not submitted the fees pursuant to this section.

  8.  Any Phase I affected unit which is subject to the requirements of Title IV, Section 404, of the federal Clean Air Act Amendments of 1990 (42 U.S.C. Section 7651c), as amended, shall pay annually beginning April 1, 1993, and terminating December 31, 1999, a service fee for the previous calendar year as provided herein.  For the first year, the service fee shall be twenty-five thousand dollars for each Phase I affected generating unit to help fund the administration of sections 643.010 to 643.355.  Thereafter, the service fee shall be annually set by the commission by rule, following public hearing, based on an annual allocation prepared by the department showing the details of all costs and expenses upon which such fees are based consistent with the department's reasonable needs to administer and implement sections 643.010 to 643.355 and to fulfill its responsibilities with respect to Phase I affected units, but such service fee shall not exceed twenty-five thousand dollars per generating unit.  Any such Phase I affected unit which is located on one or more contiguous tracts of land with any Phase II generating unit that pays fees under subsection 1 or subsection 2 of this section shall be exempt from paying service fees under this subsection.  A "contiguous tract of land" shall be defined to mean adjacent land, excluding public roads, highways and railroads, which is under the control of or owned by the permit holder and operated as a single enterprise.

  9.  The department of natural resources shall determine the fees due pursuant to this section by the state of Missouri and its departments, agencies and institutions, including two- and four-year institutions of higher education.  The director of the department of natural resources shall forward the various totals due to the joint committee on capital improvements and the directors of the individual departments, agencies and institutions.  The departments, as part of the budget process, shall annually request by specific line item appropriation funds to pay said fees and capital funding for projects determined to significantly improve air quality.  If the general assembly fails to appropriate funds for emissions fees as specifically requested, the departments, agencies and institutions shall pay said fees from other sources of revenue or funds available.  The state of Missouri and its departments, agencies and institutions may receive assistance from the small business technical assistance program established pursuant to section 643.173.

  10.  Each retail agricultural facility that uses, stores, or sells anhydrous ammonia that is an air contaminant source subject to the risk management plan under 42 U.S.C. Section 7412(r), as amended, shall pay an annual registration fee of two hundred dollars.  In addition, each retail agricultural facility that uses, stores, or sells anhydrous ammonia shall pay an annual tonnage fee calculated on the number of tons of anhydrous ammonia sold.  The initial retail tonnage fee shall be set at one dollar and twenty-five cents per ton of anhydrous ammonia used or sold.  Each distributor or terminal agricultural facility that uses, stores, or sells anhydrous ammonia that is an air contaminant source subject to the risk management plan program 3 under 40 CFR Part 68 shall pay an annual registration fee of five thousand dollars and shall not pay a tonnage fee.  The annual registration fees and tonnage fee may be periodically revised under subsection 11 of this section.  However, the fees collected shall be used exclusively for the purposes of administering the provisions of 42 U.S.C. Section 7412(r), as amended, for such agricultural facilities.  Fees paid by agricultural air contaminant sources that use, store, or sell anhydrous ammonia for the purposes of implementing the requirements of 42 U.S.C. Section 7412(r), as amended, shall be deposited into the anhydrous ammonia risk management plan subaccount within the natural resources protection fund created in section 643.245.  If the funding exceeds the reasonable costs to administer the programs as set forth in this section, the department of natural resources shall reduce fees for all registrants if the fees derived exceed the reasonable cost of administering the risk management plan under 42 U.S.C. Section 7412(r), as amended.

  ^*11.  Notwithstanding any statutory fee amounts or maximums to the contrary, the department of natural resources may conduct a comprehensive review and propose changes to the fee structure authorized by sections 643.073, 643.075, 643.079, 643.225, 643.228, 643.232, 643.237, and 643.242 after holding stakeholder meetings in order to solicit stakeholder input from each of the following groups:  the asbestos industry, electric utilities, mineral and metallic mining and processing facilities, cement kiln representatives, and any other interested industrial or business entities or interested parties.  The department shall submit a proposed fee structure with stakeholder agreement to the air conservation commission.  The commission shall review such recommendations at the forthcoming regular or special meeting, but shall not vote on the fee structure until a subsequent meeting.  If the commission approves, by vote of two-thirds majority or five of seven commissioners, the fee structure recommendations, the commission shall authorize the department to file a notice of proposed rulemaking containing the recommended fee structure, and after considering public comments, may authorize the department to file the order of rulemaking for such rule with the joint committee on administrative rules pursuant to sections 536.021 and 536.024 no later than December first of the same year.  If such rules are not disapproved by the general assembly in the manner set out below, they shall take effect on January first of the following calendar year and the previous fee structure shall expire upon the effective date of the commission-adopted fee structure.  Any regulation promulgated under this subsection shall be deemed to be beyond the scope and authority provided in this subsection, or detrimental to permit applicants, if the general assembly, within the first sixty calendar days of the regular session immediately following the filing of such regulation, by concurrent resolution disapproves the regulation by concurrent resolution.  If the general assembly so disapproves any regulation filed under this subsection, the commission shall continue to use the previous fee structure.  The authority of the commission to further revise the fee structure as provided by this subsection shall expire on August 28, 2024.

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(L. 1992 S.B. 544, A.L. 2005 H.B. 824, A.L. 2007 S.B. 54, A.L. 2011 H.B. 89, A.L. 2013 H.B. 28 merged with H.B. 650, A.L. 2014 S.B. 642, A.L. 2022 1st Ex. Sess. H.B. 3)

Effective 1-02-23

*Authority to revise fee structure expires 8-28-24.

CROSS REFERENCES:

Anhydrous ammonia risk management subaccount, certain agricultural registration and tonnage fees to be deposited in, 643.245

Nonseverability clause, 640.099