Text: SF00283 Text: SF00285 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. FINDINGS. The general assembly finds and 1 2 declares all of the following: 1 3 1. The federal Clean Air Act, 42 U.S.C. } 7401 et seq., as 1 4 amended by the federal Clean Air Act Amendments of 1990, Pub. 1 5 L. No. 101-549, contains a comprehensive regulatory scheme for 1 6 the control of emissions from mobile and stationary sources. 1 7 2. Ozone and other air pollutants have declined 1 8 substantially during the past twenty-five years throughout the 1 9 United States due to the implementation of the federal Clean 1 10 Air Act, and additional air quality improvements will result 1 11 as the federal Clean Air Act Amendments of 1990 are 1 12 implemented. 1 13 3. The northeast ozone transport commission, established 1 14 in 42 U.S.C. } 7511c, in an effort to remedy the serious ozone 1 15 nonattainment conditions prevailing in urbanized areas of the 1 16 northeastern United States, has proposed emission control 1 17 requirements for stationary and mobile sources more stringent 1 18 than those applicable to states outside of the northeast ozone 1 19 transport region, including a petition to the United States 1 20 environmental protection agency concerning low-emitting 1 21 vehicle emission control requirements and a memorandum of 1 22 understanding concerning stationary source emission control 1 23 requirements. 1 24 4. The northeast ozone transport commission's initiatives, 1 25 together with other local emission control actions, will help 1 26 northeastern states to attain the national ambient air quality 1 27 standard for ozone established by the United States 1 28 environmental protection agency. 1 29 5. In response to concerns raised by certain northeastern 1 30 states about the interstate transport of ozone, the United 1 31 States environmental protection agency has convened the ozone 1 32 transport assessment group, involving representatives from the 1 33 original twelve northeastern states in the ozone transport 1 34 region and representatives from twenty-five states to the west 1 35 and south of the northeast ozone transport region, including 2 1 Iowa, to consider means to reduce the atmospheric transport of 2 2 ozone. 2 3 6. The ozone transport assessment group will develop 2 4 recommendations in 1997 for emission control actions in states 2 5 outside of the northeast ozone transport region that may form 2 6 the basis for United States environmental protection agency 2 7 enforcement actions under the federal Clean Air Act, including 2 8 the preparation and submission of state implementation plans 2 9 calling for control actions in Iowa not specifically mandated 2 10 by the federal Clean Air Act Amendments of 1990. 2 11 7. Computer modeling studies prepared by the ozone 2 12 transport assessment group indicate all of the following: 2 13 a. Ozone nonattainment is caused predominantly by local 2 14 emission sources in densely populated urbanized areas. 2 15 b. Emissions originating in Iowa do not contribute 2 16 significantly to the nonattainment of ozone standards in other 2 17 states or regions. 2 18 8. Emission controls for stationary and mobile sources 2 19 under consideration by the ozone transport assessment group 2 20 for states outside the northeast ozone transport region are 2 21 more stringent and more costly than those mandated by the 2 22 federal Clean Air Act Amendments of 1990, and could impair the 2 23 competitiveness of businesses and industries in Iowa with 2 24 negligible environmental benefits and with adverse effects on 2 25 employment and income in Iowa. 2 26 9. The emission control requirements under consideration 2 27 by the ozone transport assessment group could impede economic 2 28 development, to the detriment of the well-being of the 2 29 citizens of Iowa and its economy. 2 30 10. Legislative oversight of proposed actions of the ozone 2 31 transport assessment group, and related actions of the United 2 32 States environmental protection agency directly or indirectly 2 33 affecting the citizens and economy of Iowa, is in the public 2 34 interest. 2 35 Sec. 2. OZONE TRANSPORT ASSESSMENT GROUP DECISION MAKING. 3 1 1. The director of the department of natural resources 3 2 shall provide periodic reports on progress in the ozone 3 3 transport assessment group decision-making process to the 3 4 senate standing committee on natural resources and environment 3 5 and the house of representatives standing committee on 3 6 environmental protection if the general assembly is in 3 7 session, and to the legislative council if the general 3 8 assembly is not in session. The director shall also submit 3 9 any ozone transport assessment group decisions or 3 10 recommendations, together with an explanation thereof, as 3 11 expeditiously as is practicable to the senate standing 3 12 committee on natural resources and environment and the house 3 13 of representatives standing committee on environmental 3 14 protection for review if the general assembly is in session, 3 15 and to the legislative council if the general assembly is not 3 16 in session. 3 17 2. If the general assembly is in session, within a 3 18 reasonable amount of time following receipt of the ozone 3 19 transport assessment group decisions or recommendations, the 3 20 senate standing committee on natural resources and environment 3 21 and the house of representatives standing committee on 3 22 environmental protection may convene public hearings to 3 23 receive comments from agencies of government and other 3 24 interested parties on the prospective impact of the decisions 3 25 or recommendations on this state's economy and the 3 26 environment, including the impact on energy use, environment, 3 27 economic development, utility costs and rates, transportation 3 28 fuel costs, and industrial competitiveness. If the general 3 29 assembly is not in session, the legislative council may 3 30 convene public hearings for the same purposes. 3 31 Sec. 3. STATE IMPLEMENTATION PLAN. 3 32 1. Upon publication by the United States environmental 3 33 protection agency of a notice of proposed rulemaking to 3 34 require states to submit state implementation plan revisions 3 35 or upon the issuance of a request by the United States 4 1 environmental protection agency for submission of a state 4 2 implementation plan for Iowa related to ozone attainment, the 4 3 director of the department of natural resources shall notify 4 4 the senate standing committee on natural resources and 4 5 environment, the house of representatives standing committee 4 6 on environmental protection, and the administrative rules 4 7 review committee of the request or notice if the general 4 8 assembly is in session. If the general assembly is not in 4 9 session, the director shall notify the legislative council and 4 10 the administrative rules review committee. The director shall 4 11 also provide the committees or the legislative council and the 4 12 administrative rules review committee with copies of any state 4 13 implementation plan prepared by the department pursuant to 4 14 such a request or notice not less than sixty days prior to the 4 15 submission of the state implementation plan to the United 4 16 States environmental protection agency. 4 17 2. Within a reasonable amount of time following receipt of 4 18 the state implementation plan, if the general assembly is in 4 19 session, the senate standing committee on natural resources 4 20 and environment and the house of representatives standing 4 21 committee on environmental protection shall convene public 4 22 hearings to receive comments from agencies of government and 4 23 other interested parties on the prospective impact of the 4 24 state implementation plan on this state's economy and 4 25 environment, including impacts on energy use, the environment, 4 26 economic development, utility costs and rates, transportation 4 27 fuel costs, and industrial competitiveness. If the general 4 28 assembly is not in session, the legislative council may 4 29 convene public hearings for the same purposes. 4 30 2A. The department shall not implement the state 4 31 implementation plan through the use of emergency rules adopted 4 32 under section 17A.4, subsection 2, or made effective under 4 33 section 17A.5, subsection 2. 4 34 3. In the absence of a recommendation or other act of the 4 35 general assembly, or of the legislative council if the general 5 1 assembly is not in session, endorsing the state implementation 5 2 plan, the director shall not submit to the United States 5 3 environmental protection agency any state implementation plan 5 4 related to ozone transport which would impose emission 5 5 controls in Iowa more stringent than necessary for Iowa to 5 6 demonstrate attainment with any national ambient air quality 5 7 standard for ozone, unless all of the following can be shown: 5 8 a. Emissions from other than natural sources located 5 9 within the state of Iowa contribute at a level greater than 5 10 eight parts per billion to nonattainment of an ozone standard 5 11 in another state. 5 12 b. Technically feasible emission reductions in such other 5 13 nonattaining state would not permit the nonattaining state to 5 14 demonstrate attainment and maintenance of an ozone standard. 5 15 c. Technically and economically feasible emission 5 16 reductions in the state of Iowa will significantly benefit or 5 17 enable a nonattaining state to achieve the ozone standard. 5 18 EXPLANATION 5 19 This bill provides for the legislative review and oversight 5 20 of the ozone transport assessment group which was convened by 5 21 the United States environmental protection agency. The ozone 5 22 transport assessment group consists of representatives from 5 23 the original 12 northeastern states in the ozone transport 5 24 region and representatives from 25 states west and south of 5 25 the northeast ozone transport region and was convened to 5 26 consider means to reduce the atmospheric transport of ozone. 5 27 The ozone transport assessment group will develop 5 28 recommendations in 1997 for emission control actions in states 5 29 outside the northeastern region of the United States that may 5 30 form the basis for United States environmental protection 5 31 agency enforcement actions under the federal Clean Air Act. 5 32 The bill provides that the director of the department of 5 33 natural resources shall submit reports on the ozone transport 5 34 assessment group decision-making process and on any ozone 5 35 transport assessment group decisions or recommendations to the 6 1 senate standing committee on natural resources and environment 6 2 and the house of representatives standing committee on 6 3 environmental protection if the general assembly is in 6 4 session, and to the legislative council if the general 6 5 assembly is not in session. The bill provides that the 6 6 committees or the legislative council may hold public hearings 6 7 following the receipt of ozone transport assessment group 6 8 decisions or recommendations to receive comments on the 6 9 decisions or recommendations. 6 10 The bill provides that, if the general assembly is in 6 11 session, the director shall notify the senate standing 6 12 committee on natural resources and environment, the house of 6 13 representatives standing committee on environmental 6 14 protection, and the administrative rules review committee of 6 15 the issuance of a notice or request by the United States 6 16 environmental protection agency for the submission of a state 6 17 implementation plan for Iowa related to ozone attainment. If 6 18 the general assembly is not in session, the director shall 6 19 notify the legislative council, and the administrative rules 6 20 review committee. The director shall also provide a copy of 6 21 the implementation plan to the committees or the legislative 6 22 council, and the administrative rules review committee. The 6 23 bill provides that following receipt of the plan, the 6 24 committees shall hold public hearings for comments on the 6 25 plan. If the general assembly is not in session, the 6 26 legislative council may convene public hearings for comments 6 27 on the plan. The department shall not implement the state 6 28 implementation plan through the use of emergency rules. 6 29 Absent a recommendation or other act endorsing the plan by the 6 30 general assembly or the legislative council if the general 6 31 assembly is not in session, the director shall not submit a 6 32 plan that would impose emission controls more stringent than 6 33 necessary to meet the national standards, unless certain 6 34 requirements are met. 6 35 LSB 1545SV 77 7 1 tm/jj/8
Text: SF00283 Text: SF00285 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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