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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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