Text: HSB00198 Text: HSB00200 Text: HSB00100 - HSB00199 Text: HSB 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. 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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