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Senate Study Bill 1161

Bill Text

PAG LIN
  1  1    Section 1.  Section 455B.131, Code 2001, is amended by
  1  2 adding the following new subsection:
  1  3    NEW SUBSECTION.  6A.  "Indoor source" means any emission
  1  4 unit or air contaminant source which is not directly vented or
  1  5 directly exhausted to the outside atmosphere.  "Indoor source"
  1  6 includes, without limitation, any air exchange through general
  1  7 ventilation, windows, doors, and cracks.
  1  8    Sec. 2.  Section 455B.133, subsection 6, Code 2001, is
  1  9 amended to read as follows:
  1 10    6.  a.  Require, by rules, notice of the construction of
  1 11 any air contaminant source, other than an indoor source, which
  1 12 may cause or contribute to air pollution, and the submission
  1 13 of plans and specifications to the department, or other
  1 14 information deemed necessary, for the installation of air
  1 15 contaminant sources and related control equipment.  The rules
  1 16 shall allow the owner or operator of a major stationary source
  1 17 to elect to obtain a conditional permit in lieu of a
  1 18 construction permit.  The rules relating to a conditional
  1 19 permit for an electric power generating facility subject to
  1 20 chapter 476A and other major stationary sources shall allow
  1 21 the submission of engineering descriptions, flow diagrams and
  1 22 schematics that quantitatively and qualitatively identify
  1 23 emission streams and alternative control equipment that will
  1 24 provide compliance with emission standards.  Such rules shall
  1 25 not specify any particular method to be used to reduce
  1 26 undesirable levels of emissions, nor type, design, or method
  1 27 of installation of any equipment to be used to reduce such
  1 28 levels of emissions, nor the type, design, or method of
  1 29 installation or type of construction of any manufacturing
  1 30 processes or kinds of equipment, nor specify the kind or
  1 31 composition of fuels permitted to be sold, stored, or used
  1 32 unless authorized by subsection 4 of this section.
  1 33    b.  The commission may give technical advice pertaining to
  1 34 the construction or installation of the equipment or any other
  1 35 recommendation.
  2  1    c.  A notice or construction permit shall not be required
  2  2 pursuant to this section for any indoor source.
  2  3    d.  A notice or construction permit shall not be required
  2  4 to be issued pursuant to this section for any emission unit
  2  5 placed into service before the effective date of this Act
  2  6 which would have been an indoor source if placed into service
  2  7 on or after that date.
  2  8    Sec. 3.  Section 455B.134, subsection 3, paragraph a, Code
  2  9 2001, is amended to read as follows:
  2 10    a.  No An air contaminant source, other than an indoor
  2 11 source, shall not be installed, altered so that it
  2 12 significantly affects emissions, or placed in use unless a
  2 13 construction or conditional permit has been issued for the
  2 14 source.  A permit shall not be required to be issued pursuant
  2 15 to this section for any emission unit placed in service before
  2 16 the effective date of this Act which would have been an indoor
  2 17 source if placed into service on or after that date.
  2 18    Sec. 4.  Section 455.134, subsection 3, Code 2001, is
  2 19 amended by adding the following new paragraph:
  2 20    NEW PARAGRAPH.  g.  The department shall not establish any
  2 21 permit, registration, licensing, preconstruction notification,
  2 22 or recordkeeping requirements for indoor sources.  However,
  2 23 this paragraph shall not limit the authority of the department
  2 24 to implement any of the following:
  2 25    (1)  The emission limitations adopted by the administrator
  2 26 of the United States environmental protection agency under
  2 27 section 111 or 112 of the federal Clean Air Act.
  2 28    (2)  The maximum achievable control technologies required
  2 29 pursuant to Title V of the federal Clean Air Act Amendments of
  2 30 1990.
  2 31    (3)  The prevention of significant deterioration
  2 32 regulations adopted by the administrator of the United States
  2 33 environmental protection agency under the federal Clean Air
  2 34 Act, 42 U.S.C. } 74-79.
  2 35    Sec. 5.  Section 455B.135, Code 2001, is amended to read as
  3  1 follows:
  3  2    455B.135  LIMIT ON AUTHORITY.
  3  3    Nothing contained in this division Division II shall not be
  3  4 deemed to grant to the department or the director any
  3  5 authority or jurisdiction with respect to air pollution
  3  6 existing solely within residences; or solely within commercial
  3  7 and industrial plants, works, or shops under the jurisdiction
  3  8 of chapters 88 and 91; or indoor sources; or to affect the
  3  9 relations between employers and employees with respect to, or
  3 10 arising out of, any condition of air pollution.  
  3 11                           EXPLANATION
  3 12    This bill relates to the application of certain air quality
  3 13 requirements to indoor sources.  The bill defines "indoor
  3 14 source" as any emission unit or air contaminant source which
  3 15 is not directly vented or directly exhausted to the outside
  3 16 atmosphere which includes, without limitation, any air
  3 17 exchange through general ventilation, windows, doors, and
  3 18 cracks.
  3 19    The bill provides that indoor sources and indoor sources
  3 20 that would have qualified as an indoor source and were placed
  3 21 into service prior to the effective date of the bill are not
  3 22 subject to certain notices of construction and other related
  3 23 requirements which are required for other air contaminant
  3 24 sources.
  3 25    The bill provides that the department of natural resources
  3 26 shall not establish any permit, registration, licensing,
  3 27 preconstruction notification, or recordkeeping requirements
  3 28 for indoor sources.  The bill provides that the prohibition
  3 29 shall not limit the department's authority to implement the
  3 30 emission limitations adopted by the United States
  3 31 environmental protection agency under the federal Clean Air
  3 32 Act, the maximum achievable control technologies required
  3 33 pursuant to the federal Clean Air Act Amendments of 1990, and
  3 34 the prevention of significant deterioration regulations
  3 35 adopted by the United States environmental protection agency
  4  1 under the federal Clean Air Act.  
  4  2 LSB 2690XC 79
  4  3 tm/gg/8
     

Text: SSB01160                          Text: SSB01162
Text: SSB01100 - SSB01199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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