Text: SSB00066 Text: SSB00068 Text: SSB00000 - SSB00099 Text: SSB 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 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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