Text: HSB00198                          Text: HSB00200
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index


House Study Bill 199

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.  In response to concerns raised by certain northeastern
  1 14 states about the interstate transport of ozone, the United
  1 15 States environmental protection agency convened the ozone
  1 16 transport assessment group, involving representatives from the
  1 17 original twelve northeastern states comprising the northeast
  1 18 ozone transport commission, established in 42 U.S.C. } 7511c,
  1 19 and representatives from twenty-five states to the west and
  1 20 south of the northeast ozone transport region, including Iowa,
  1 21 to consider means to reduce the atmospheric transport of
  1 22 ozone.
  1 23    4.  Computer modeling studies prepared by the ozone
  1 24 transport assessment group indicate all of the following:
  1 25    a.  Ozone nonattainment is caused predominantly by local
  1 26 emission sources in densely populated urbanized areas.
  1 27    b.  Emissions originating in Iowa do not contribute
  1 28 significantly to the nonattainment of ozone standards in other
  1 29 states or regions.
  1 30    5.  In 1997, the United States environmental protection
  1 31 agency, based on the recommendations of the ozone transport
  1 32 assessment group, chose not to impose additional emission
  1 33 requirements on mobile and stationary sources in Iowa.
  1 34 However, since that time the agency has sought to reassess the
  1 35 need to impose additional emission requirements on mobile and
  2  1 stationary sources in Iowa.  Such requirements could impair
  2  2 the competitiveness of business and industry in Iowa with
  2  3 negligible environmental benefits and with adverse effects on
  2  4 employment and income in Iowa.
  2  5    6.  Legislative oversight of actions of the United States
  2  6 environmental protection agency directly or indirectly
  2  7 affecting the citizens and economy of Iowa is in the public
  2  8 interest.
  2  9    Sec. 2.  STATE IMPLEMENTATION PLAN.
  2 10    1.  Upon publication by the United States environmental
  2 11 protection agency of a notice of proposed rulemaking to
  2 12 require states to submit state implementation plan revisions
  2 13 or upon the issuance of a request by the United States
  2 14 environmental protection agency for submission of a state
  2 15 implementation plan for Iowa related to ozone attainment, the
  2 16 director of the department of natural resources shall notify
  2 17 the senate standing committee on natural resources and
  2 18 environment, the house of representatives standing committee
  2 19 on environmental protection, and the administrative rules
  2 20 review committee of the notice or request if the general
  2 21 assembly is in session.  If the general assembly is not in
  2 22 session, the director shall notify the legislative council and
  2 23 the administrative rules review committee.  The director shall
  2 24 also provide the committees or the legislative council and the
  2 25 administrative rules review committee with copies of any state
  2 26 implementation plan prepared by the department pursuant to
  2 27 such a notice or request not less than sixty days prior to the
  2 28 submission of the state implementation plan to the United
  2 29 States environmental protection agency.
  2 30    2.  Within a reasonable amount of time following receipt of
  2 31 the state implementation plan, if the general assembly is in
  2 32 session, the senate standing committee on natural resources
  2 33 and environment and the house of representatives standing
  2 34 committee on environmental protection shall convene public
  2 35 hearings to receive comments from agencies of government and
  3  1 other interested parties on the prospective impact of the
  3  2 state implementation plan on this state's economy and
  3  3 environment, including impacts on energy use, the environment,
  3  4 economic development, utility costs and rates, transportation
  3  5 fuel costs, and industrial competitiveness.  If the general
  3  6 assembly is not in session, the legislative council may
  3  7 convene public hearings for the same purposes.
  3  8    3.  The department shall not implement the state
  3  9 implementation plan through the use of emergency rules adopted
  3 10 under section 17A.4, subsection 2, or made effective under
  3 11 section 17A.5, subsection 2.
  3 12    4.  In the absence of a recommendation or other act of the
  3 13 general assembly, or of the legislative council if the general
  3 14 assembly is not in session, endorsing the state implementation
  3 15 plan, the director shall not submit to the United States
  3 16 environmental protection agency any state implementation plan
  3 17 related to ozone transport which would impose emission
  3 18 controls in Iowa more stringent than necessary for Iowa to
  3 19 demonstrate attainment with any national ambient air quality
  3 20 standard for ozone, unless all of the following can be shown:
  3 21    a.  Emissions from other than natural sources located
  3 22 within the state of Iowa contribute at a level greater than
  3 23 eight parts per billion to nonattainment of an ozone standard
  3 24 in another state.
  3 25    b.  Technically feasible emission reductions in such other
  3 26 nonattaining state would not permit the nonattaining state to
  3 27 demonstrate attainment and maintenance of an ozone standard.
  3 28    c.  Technically and economically feasible emission
  3 29 reductions in the state of Iowa will significantly benefit or
  3 30 enable a nonattaining state to achieve the ozone standard.
  3 31    Sec. 3.  1997 Iowa Acts, chapter 12, is repealed.  
  3 32                           EXPLANATION
  3 33    This bill provides for the legislative review and oversight
  3 34 of the actions taken by the United States environmental
  3 35 protection agency under the federal Clean Air Act regarding
  4  1 regulations relating to the transport of ozone.  In 1997, the
  4  2 United States environmental protection agency, based on the
  4  3 recommendations of the ozone transport assessment group, chose
  4  4 not to impose additional emission requirements on mobile and
  4  5 stationary sources in Iowa.  However, since that time, the
  4  6 agency has sought to reassess the need to impose additional
  4  7 emission requirements on such sources in Iowa.
  4  8    The bill provides that, if the general assembly is in
  4  9 session, the director of the department of natural resources
  4 10 shall notify the senate standing committee on natural
  4 11 resources and environment, the house of representatives
  4 12 standing committee on environmental protection, and the
  4 13 administrative rules review committee of the issuance of a
  4 14 notice or request by the United States environmental
  4 15 protection agency for the submission of a state implementation
  4 16 plan for Iowa related to ozone attainment.  If the general
  4 17 assembly is not in session, the director shall notify the
  4 18 legislative council, and the administrative rules review
  4 19 committee.  The director shall also provide a copy of the
  4 20 implementation plan to the committees or the legislative
  4 21 council, and the administrative rules review committee.  The
  4 22 bill provides that following receipt of the plan, the
  4 23 committees shall hold public hearings for comments on the
  4 24 plan.  If the general assembly is not in session, the
  4 25 legislative council may convene public hearings for comments
  4 26 on the plan.  The department shall not implement the state
  4 27 implementation plan through the use of emergency rules.
  4 28 Absent a recommendation or other act endorsing the plan by the
  4 29 general assembly or the legislative council if the general
  4 30 assembly is not in session, the director shall not submit a
  4 31 plan that would impose emission controls more stringent than
  4 32 necessary to meet the national standards, unless certain
  4 33 requirements are met.
  4 34    The bill repeals chapter 12 of the 1997 Iowa Acts which
  4 35 relates to oversight of the same situation.  
  5  1 LSB 2549HC 78
  5  2 tm/gg/8
     

Text: HSB00198                          Text: HSB00200
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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