Text: SF00409                           Text: SF00411
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Senate File 410

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 410     
  1  2                                   
  1  3                             AN ACT 
  1  4 RELATING TO THE APPLICATION OF CERTAIN AIR QUALITY 
  1  5    REQUIREMENTS TO INDOOR EMISSION UNITS OR AIR CONTAMINANT 
  1  6    SOURCES.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 455B.131, Code 2001, is amended by
  1 11 adding the following new subsection:
  1 12    NEW SUBSECTION.  6A.  "Indoor source" means any emission
  1 13 unit or air contaminant source which is not directly vented or
  1 14 directly exhausted to the outside atmosphere.  "Indoor source"
  1 15 includes, without limitation, any air exchange through general
  1 16 ventilation, windows, doors, and cracks.
  1 17    Sec. 2.  Section 455B.133, subsection 6, Code 2001, is
  1 18 amended to read as follows:
  1 19    6.  a.  Require, by rules, notice of the construction of
  1 20 any air contaminant source, other than an indoor source, which
  1 21 may cause or contribute to air pollution, and the submission
  1 22 of plans and specifications to the department, or other
  1 23 information deemed necessary, for the installation of air
  1 24 contaminant sources and related control equipment.  The rules
  1 25 shall allow the owner or operator of a major stationary source
  1 26 to elect to obtain a conditional permit in lieu of a
  1 27 construction permit.  The rules relating to a conditional
  1 28 permit for an electric power generating facility subject to
  1 29 chapter 476A and other major stationary sources shall allow
  1 30 the submission of engineering descriptions, flow diagrams and
  1 31 schematics that quantitatively and qualitatively identify
  1 32 emission streams and alternative control equipment that will
  1 33 provide compliance with emission standards.  Such rules shall
  1 34 not specify any particular method to be used to reduce
  1 35 undesirable levels of emissions, nor type, design, or method
  2  1 of installation of any equipment to be used to reduce such
  2  2 levels of emissions, nor the type, design, or method of
  2  3 installation or type of construction of any manufacturing
  2  4 processes or kinds of equipment, nor specify the kind or
  2  5 composition of fuels permitted to be sold, stored, or used
  2  6 unless authorized by subsection 4 of this section.
  2  7    b.  The commission may give technical advice pertaining to
  2  8 the construction or installation of the equipment or any other
  2  9 recommendation.
  2 10    c.  A notice or construction permit shall not be required
  2 11 pursuant to this section for any indoor source.
  2 12    d.  A notice or construction permit shall not be required
  2 13 to be issued pursuant to this section for any emission unit
  2 14 placed into service before the effective date of this Act
  2 15 which would have been an indoor source if placed into service
  2 16 on or after that date.
  2 17    e.  (1)  Notwithstanding paragraph "a" and section
  2 18 455B.135, the department may do both of the following:
  2 19    (a)  Establish a permit by rule procedure that allows a
  2 20 facility to establish emission limits for indoor sources.
  2 21    (b)  Issue construction permits for indoor sources if
  2 22 requested by a facility.
  2 23    (2)  This paragraph "e" shall not be construed to grant the
  2 24 department any authority to require a construction permit for
  2 25 indoor sources.
  2 26    Sec. 3.  Section 455B.134, subsection 3, paragraph a, Code
  2 27 2001, is amended to read as follows:
  2 28    a.  No An air contaminant source, other than an indoor
  2 29 source, shall not be installed, altered so that it
  2 30 significantly affects emissions, or placed in use unless a
  2 31 construction or conditional permit has been issued for the
  2 32 source.  A permit shall not be required to be issued pursuant
  2 33 to this section for any emission unit placed in service before
  2 34 the effective date of this Act which would have been an indoor
  2 35 source if placed into service on or after that date.
  3  1    Sec. 4.  Section 455B.134, subsection 3, Code 2001, is
  3  2 amended by adding the following new paragraph:
  3  3    NEW PARAGRAPH.  g.  The department shall not establish any
  3  4 permit, registration, licensing, preconstruction notification,
  3  5 or recordkeeping requirements for indoor sources.  However,
  3  6 this paragraph shall not limit the authority of the department
  3  7 to implement any of the following:
  3  8    (1)  The emission limitations adopted by the administrator
  3  9 of the United States environmental protection agency under
  3 10 section 111 or 112 of the federal Clean Air Act.
  3 11    (2)  The maximum achievable control technologies required
  3 12 pursuant to Title V of the federal Clean Air Act Amendments of
  3 13 1990.
  3 14    (3)  The prevention of significant deterioration
  3 15 regulations adopted by the administrator of the United States
  3 16 environmental protection agency under the federal Clean Air
  3 17 Act, 42 U.S.C. } 74-79.
  3 18    Sec. 5.  Section 455B.135, Code 2001, is amended to read as
  3 19 follows:
  3 20    455B.135  LIMIT ON AUTHORITY.
  3 21    Nothing contained in this division Except as provided in
  3 22 section 455B.133, subsection 6, paragraph "e", division II
  3 23 shall not be deemed to grant to the department or the director
  3 24 any authority or jurisdiction with respect to air pollution
  3 25 existing solely within residences; or solely within commercial
  3 26 and industrial plants, works, or shops under the jurisdiction
  3 27 of chapters 88 and 91; or indoor sources; or to affect the
  3 28 relations between employers and employees with respect to, or
  3 29 arising out of, any condition of air pollution.  
  3 30 
  3 31 
  3 32                                                             
  3 33                               MARY E. KRAMER
  3 34                               President of the Senate
  3 35 
  4  1 
  4  2                                                             
  4  3                               BRENT SIEGRIST
  4  4                               Speaker of the House
  4  5 
  4  6    I hereby certify that this bill originated in the Senate and
  4  7 is known as Senate File 410, Seventy-ninth General Assembly.
  4  8 
  4  9 
  4 10                                                             
  4 11                               MICHAEL E. MARSHALL
  4 12                               Secretary of the Senate
  4 13 Approved                , 2001
  4 14 
  4 15 
  4 16                                
  4 17 THOMAS J. VILSACK
  4 18 Governor
     

Text: SF00409                           Text: SF00411
Text: SF00400 - SF00499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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