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Senate Study Bill 67

Bill Text

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
  1 33 twenty-five states to the west and south of the northeast
  1 34 ozone transport region, including Iowa, to consider means to
  1 35 reduce the atmospheric transport of ozone.
  2  1    6.  The ozone transport assessment group will develop
  2  2 recommendations in 1997 for emission control actions in states
  2  3 outside of the northeast ozone transport region that may form
  2  4 the basis for United States environmental protection agency
  2  5 enforcement actions under the federal Clean Air Act, including
  2  6 the preparation and submission of state implementation plans
  2  7 calling for control actions in Iowa not specifically mandated
  2  8 by the federal Clean Air Act Amendments of 1990.
  2  9    7.  Computer modeling studies prepared by the ozone
  2 10 transport assessment group indicate all of the following:
  2 11    a.  Ozone nonattainment is caused predominantly by local
  2 12 emission sources in densely populated urbanized areas.
  2 13    b.  Emissions originating in Iowa do not contribute
  2 14 significantly to the nonattainment of ozone standards in other
  2 15 states or regions.
  2 16    c.  Extreme emission controls imposed locally or in upwind
  2 17 areas would not permit some urban areas to demonstrate
  2 18 attainment of the current national ozone standard.
  2 19    8.  Emission controls for stationary and mobile sources
  2 20 under consideration by the ozone transport assessment group
  2 21 for states outside the northeast ozone transport region are
  2 22 more stringent and more costly than those mandated by the
  2 23 federal Clean Air Act Amendments of 1990, and could impair the
  2 24 competitiveness of businesses and industries in Iowa with
  2 25 negligible environmental benefits and with adverse effects on
  2 26 employment and income in Iowa.
  2 27    9.  The emission control requirements under consideration
  2 28 by the ozone transport assessment group could impede economic
  2 29 development, to the detriment of the well-being of the
  2 30 citizens of Iowa and its economy.
  2 31    10.  Legislative oversight of proposed actions of the ozone
  2 32 transport assessment group, and related actions of the United
  2 33 States environmental protection agency directly or indirectly
  2 34 affecting the citizens and economy of Iowa, is in the public
  2 35 interest.
  3  1    Sec. 2.  OZONE TRANSPORT ASSESSMENT GROUP DECISION MAKING.
  3  2    1.  The director of the department of natural resources
  3  3 shall provide periodic reports on progress in the ozone
  3  4 transport assessment group decision-making process to the
  3  5 senate standing committee on natural resources and environment
  3  6 and the house of representatives standing committee on
  3  7 environmental protection if the general assembly is in
  3  8 session, and to the legislative council if the general
  3  9 assembly is not in session.  The director shall also submit
  3 10 any ozone transport assessment group decisions or
  3 11 recommendations, together with an explanation thereof, as
  3 12 expeditiously as is practicable to the senate standing
  3 13 committee on natural resources and environment and the house
  3 14 of representatives standing committee on environmental
  3 15 protection for review if the general assembly is in session,
  3 16 and to the legislative council if the general assembly is not
  3 17 in session.
  3 18    2.  If the general assembly is in session, within a
  3 19 reasonable amount of time following receipt of the ozone
  3 20 transport assessment group decisions or recommendations, the
  3 21 senate standing committee on natural resources and environment
  3 22 and the house of representatives standing committee on
  3 23 environmental protection may convene public hearings to
  3 24 receive comments from agencies of government and other
  3 25 interested parties on the prospective impact of the decisions
  3 26 or recommendations on this state's economy and the
  3 27 environment, including the impact on energy use, environment,
  3 28 economic development, utility costs and rates, transportation
  3 29 fuel costs, and industrial competitiveness.  If the general
  3 30 assembly is not in session, the legislative council may
  3 31 convene public hearings for the same purposes.
  3 32    Sec. 3.  STATE IMPLEMENTATION PLAN.
  3 33    1.  Upon the issuance of a request by the United States
  3 34 environmental protection agency for submission of a state
  3 35 implementation plan for Iowa related to ozone attainment, the
  4  1 director of the department of natural resources shall notify
  4  2 the senate standing committee on natural resources and
  4  3 environment, the house of representatives standing committee
  4  4 on environmental protection, and the administrative rules
  4  5 review committee of the request if the general assembly is in
  4  6 session.  If the general assembly is not in session, the
  4  7 director shall notify the legislative council and the
  4  8 administrative rules review committee.  The director shall
  4  9 also provide the committees or the legislative council and the
  4 10 administrative rules review committee with copies of any state
  4 11 implementation plan prepared by the department pursuant to
  4 12 such a request not less than sixty days prior to the
  4 13 submission of the state implementation plan to the United
  4 14 States environmental protection agency.
  4 15    2.  Within a reasonable amount of time following receipt of
  4 16 the state implementation plan, if the general assembly is in
  4 17 session, the senate standing committee on natural resources
  4 18 and environment and the house of representatives standing
  4 19 committee on environmental protection shall convene public
  4 20 hearings to receive comments from agencies of government and
  4 21 other interested parties on the prospective impact of the
  4 22 state implementation plan on this state's economy and
  4 23 environment, including impacts on energy use, the environment,
  4 24 economic development, utility costs and rates, transportation
  4 25 fuel costs, and industrial competitiveness.  If the general
  4 26 assembly is not in session, the legislative council may
  4 27 convene public hearings for the same purposes.
  4 28    3.  In the absence of a recommendation or other act of the
  4 29 general assembly, or of the legislative council if the general
  4 30 assembly is not in session, endorsing the state implementation
  4 31 plan, the director shall not submit to the United States
  4 32 environmental protection agency any state implementation plan
  4 33 related to ozone attainment which would impose emission
  4 34 controls in Iowa more stringent than necessary for Iowa to
  4 35 demonstrate attainment which with any national ambient air
  5  1 quality standard for ozone, unless both of the following can
  5  2 be shown:
  5  3    a.  Man-made emissions from sources located within the
  5  4 state of Iowa contribute significantly to nonattainment of an
  5  5 ozone standard in another state.
  5  6    b.  Feasible emission reductions in such other nonattaining
  5  7 state would not permit the nonattaining state to demonstrate
  5  8 attainment and maintenance of an ozone standard.  
  5  9                           EXPLANATION
  5 10    This bill provides for the legislative review and oversight
  5 11 of the ozone transport assessment group which was convened by
  5 12 the United States environmental protection agency.  The ozone
  5 13 transport assessment group consists of representatives from 25
  5 14 states west and south of the northeast ozone transport region
  5 15 and was convened to consider means to reduce the atmospheric
  5 16 transport of ozone.  The ozone transport assessment group will
  5 17 develop recommendations in 1997 for emission control actions
  5 18 in states outside the northeastern region of the United States
  5 19 that may form the basis for United States environmental
  5 20 protection agency enforcement actions under the federal Clean
  5 21 Air Act.
  5 22    The bill provides that the director of the department of
  5 23 natural resources shall submit reports on the ozone transport
  5 24 assessment group decision-making process and on any ozone
  5 25 transport assessment group decisions or recommendations to the
  5 26 senate standing committee on natural resources and environment
  5 27 and the house of representatives standing committee on
  5 28 environmental protection if the general assembly is in
  5 29 session, and to the legislative council if the general
  5 30 assembly is not in session.  The bill provides that the
  5 31 committees or the legislative council shall hold public
  5 32 hearings following the receipt of ozone transport assessment
  5 33 group decisions or recommendations to receive comments on the
  5 34 decisions or recommendations.
  5 35    The bill provides that, if the general assembly is in
  6  1 session, the director shall notify the senate standing
  6  2 committee on natural resources and environment, the house of
  6  3 representatives standing committee on environmental
  6  4 protection, and the administrative rules review committee of
  6  5 the issuance of a request by the United States environmental
  6  6 protection agency for the submission of a state implementation
  6  7 plan for Iowa related to ozone attainment.  If the general
  6  8 assembly is not in session, the director shall notify the
  6  9 legislative council, and the administrative rules review
  6 10 committee.  The director shall also provide a copy of the
  6 11 implementation plan to the committees or the legislative
  6 12 council, and the administrative rules review committee.  The
  6 13 bill provides that following receipt of the plan, the
  6 14 committees shall hold public hearings for comments on the
  6 15 plan.  If the general assembly is not in session, the
  6 16 legislative council may convene public hearings for comments
  6 17 on the plan.  Absent a recommendation or other act endorsing
  6 18 the plan by the general assembly or the legislative council if
  6 19 the general assembly is not in session, the director shall not
  6 20 submit a plan that would impose emission controls more
  6 21 stringent than necessary to meet the national standards,
  6 22 unless certain requirements are met.  
  6 23 LSB 1545SC 77
  6 24 tm/jj/8
     

Text: SSB00066                          Text: SSB00068
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