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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
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 Text: SSB00000 - SSB00099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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