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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