Section 643.305

Title XL ADDITIONAL EXECUTIVE DEPARTMENTS

Chapter 643

Effective - 01 Sep 2007, see footnote   

  643.305.  Commission to adopt state implementation plan, nonattainment areas, certain cities and counties — emission reductions established — department to establish air quality baseline — cost of reduction measures, determination — emissions inspection program, report, public information program. — 1.  The air conservation commission shall adopt a state implementation plan to bring all nonattainment areas of the state which are located within a city not within a county, any county with a charter form of government and with more than one million inhabitants, any county with a charter form of government and with more than two hundred fifty thousand but fewer than three hundred fifty thousand inhabitants, any county of the first classification with more than one hundred ninety-eight thousand but fewer than one hundred ninety-nine thousand two hundred inhabitants, and any county of the first classification with more than ninety-three thousand eight hundred but fewer than ninety-three thousand nine hundred inhabitants into compliance with and to maintain the National Ambient Air Quality Standards and any regulations promulgated by the United States Environmental Protection Agency under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq., on the required date or dates as such dates are established under the federal Clean Air Act, as amended, 42 U.S.C. 7401, et seq., including any extensions authorized pursuant to that act.

  2.  The commission shall establish the amount of emissions reductions required to achieve the goal established pursuant to subsection 1 of this section.

  3.  The department shall establish an air quality baseline for all nonattainment areas of the state which are located within a metropolitan statistical area with a population of at least one million inhabitants as defined by the federal Office of Management and Budget or its successor agency.  The air quality baseline shall include, where practical, actual air contaminant emissions data and data on the atmospheric concentrations of pollution and pollution precursors for all nonattainment areas.

  4.  The department shall determine the costs and benefits of alternative reduction measures including reductions of emissions from stationary and mobile sources and traffic control measures.  The department of transportation, regional planning commissions and metropolitan planning organizations shall participate with the department and provide information necessary to determine the costs and benefits of emissions reduction measures.

  5.  The department shall evaluate any motor vehicle emissions inspection program established under sections 643.300 to 643.355 and shall annually include in the report to the commission and the general assembly required under section 643.192, beginning on January 1, 1996, a detailed accounting of the inspection costs and repair costs incurred by vehicle owners and of the emissions reductions produced or incurred by the program.  The department may use a representative sample of vehicles to provide a statistically valid estimate of the repair costs and emissions reductions.  The report shall also include a recommendation to the general assembly on whether the emissions inspection program should be continued, modified or terminated.

  6.  The department shall establish a program of public information and education to educate the citizens of the state about the costs and benefits associated with reaching attainment of the National Ambient Air Quality Standards and the costs and benefits of all measures which are considered to attain those standards.  This shall be done prior to the commission's action under subsection 1 of this section.

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(L. 1994 S.B. 590, A.L. 2006 S.B. 583)

Effective 9-01-07