Text: HF00635 Text: HF00637 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 636
1 2
1 3 AN ACT
1 4 RELATING TO REVIEW AND OVERSIGHT OF ACTIONS OF THE UNITED
1 5 STATES ENVIRONMENTAL PROTECTION AGENCY.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. FINDINGS. The general assembly finds and
1 10 declares all of the following:
1 11 1. The federal Clean Air Act, 42 U.S.C. } 7401 et seq., as
1 12 amended by the federal Clean Air Act Amendments of 1990, Pub.
1 13 L. No. 101-549, contains a comprehensive regulatory scheme for
1 14 the control of emissions from mobile and stationary sources.
1 15 2. Ozone and other air pollutants have declined
1 16 substantially during the past twenty-five years throughout the
1 17 United States due to the implementation of the federal Clean
1 18 Air Act, and additional air quality improvements will result
1 19 as the federal Clean Air Act Amendments of 1990 are
1 20 implemented.
1 21 3. In response to concerns raised by certain northeastern
1 22 states about the interstate transport of ozone, the United
1 23 States environmental protection agency convened the ozone
1 24 transport assessment group, involving representatives from the
1 25 original twelve northeastern states comprising the northeast
1 26 ozone transport commission, established in 42 U.S.C. } 7511c,
1 27 and representatives from twenty-five states to the west and
1 28 south of the northeast ozone transport region, including Iowa,
1 29 to consider means to reduce the atmospheric transport of
1 30 ozone.
1 31 4. Computer modeling studies prepared by the ozone
1 32 transport assessment group indicate all of the following:
1 33 a. Ozone nonattainment is caused predominantly by local
1 34 emission sources in densely populated urbanized areas.
1 35 b. Emissions originating in Iowa do not contribute
2 1 significantly to the nonattainment of ozone standards in other
2 2 states or regions.
2 3 5. In 1997, the United States environmental protection
2 4 agency, based on the recommendations of the ozone transport
2 5 assessment group, chose not to impose additional emission
2 6 requirements on mobile and stationary sources in Iowa.
2 7 However, since that time the agency has sought to reassess the
2 8 need to impose additional emission requirements on mobile and
2 9 stationary sources in Iowa. Such requirements could impair
2 10 the competitiveness of business and industry in Iowa with
2 11 negligible environmental benefits and with adverse effects on
2 12 employment and income in Iowa.
2 13 6. Legislative oversight of actions of the United States
2 14 environmental protection agency directly or indirectly
2 15 affecting the citizens and economy of Iowa is in the public
2 16 interest.
2 17 Sec. 2. STATE IMPLEMENTATION PLAN.
2 18 1. Upon publication by the United States environmental
2 19 protection agency of a notice of proposed rulemaking to
2 20 require states to submit state implementation plan revisions
2 21 or upon the issuance of a request by the United States
2 22 environmental protection agency for submission of a state
2 23 implementation plan for Iowa related to ozone attainment, the
2 24 director of the department of natural resources shall notify
2 25 the senate standing committee on natural resources and
2 26 environment, the house of representatives standing committee
2 27 on environmental protection, and the administrative rules
2 28 review committee of the notice or request if the general
2 29 assembly is in session. If the general assembly is not in
2 30 session, the director shall notify the legislative council and
2 31 the administrative rules review committee. The director shall
2 32 also provide the committees or the legislative council and the
2 33 administrative rules review committee with copies of any state
2 34 implementation plan prepared by the department pursuant to
2 35 such a notice or request not less than sixty days prior to the
3 1 submission of the state implementation plan to the United
3 2 States environmental protection agency.
3 3 2. Within a reasonable amount of time following receipt of
3 4 the state implementation plan, if the general assembly is in
3 5 session, the senate standing committee on natural resources
3 6 and environment and the house of representatives standing
3 7 committee on environmental protection shall convene public
3 8 hearings to receive comments from agencies of government and
3 9 other interested parties on the prospective impact of the
3 10 state implementation plan on this state's economy and
3 11 environment, including impacts on energy use, the environment,
3 12 economic development, utility costs and rates, transportation
3 13 fuel costs, and industrial competitiveness. If the general
3 14 assembly is not in session, the legislative council may
3 15 convene public hearings for the same purposes.
3 16 3. The department shall not implement the state
3 17 implementation plan through the use of emergency rules adopted
3 18 under section 17A.4, subsection 2, or made effective under
3 19 section 17A.5, subsection 2.
3 20 4. In the absence of a recommendation or other act of the
3 21 general assembly, or of the legislative council if the general
3 22 assembly is not in session, endorsing the state implementation
3 23 plan, the director shall not submit to the United States
3 24 environmental protection agency any state implementation plan
3 25 related to ozone transport which would impose emission
3 26 controls in Iowa more stringent than necessary for Iowa to
3 27 demonstrate attainment with any national ambient air quality
3 28 standard for ozone, unless all of the following can be shown:
3 29 a. Emissions from other than natural sources located
3 30 within the state of Iowa contribute at a level greater than
3 31 eight parts per billion to nonattainment of an ozone standard
3 32 in another state.
3 33 b. Technically feasible emission reductions in such other
3 34 nonattaining state would not permit the nonattaining state to
3 35 demonstrate attainment and maintenance of an ozone standard.
4 1 c. Technically and economically feasible emission
4 2 reductions in the state of Iowa will significantly benefit or
4 3 enable a nonattaining state to achieve the ozone standard.
4 4 Sec. 3. 1997 Iowa Acts, chapter 12, is repealed.
4 5
4 6
4 7
4 8 RON J. CORBETT
4 9 Speaker of the House
4 10
4 11
4 12
4 13 MARY E. KRAMER
4 14 President of the Senate
4 15
4 16 I hereby certify that this bill originated in the House and
4 17 is known as House File 636, Seventy-eighth General Assembly.
4 18
4 19
4 20
4 21 ELIZABETH ISAACSON
4 22 Chief Clerk of the House
4 23 Approved , 1999
4 24
4 25
4 26
4 27 THOMAS J. VILSACK
4 28 Governor
Text: HF00635 Text: HF00637 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00600/HF00636/990413.html
jhf